Access to Tazkera and other civil documentation in Afghanistan NRC > AFGHANISTAN REPORT
Researched and written by: Samuel Hall and the Norwegian Refugee Council
Photographs: Jim Huylebroek and Farzana Wahidy
Legal Editor: Sarah Adamczyk
Design and layout: Chris Herwig
This document has been produced with the financial assistance of the European Union (EU) and of the Swedish International Development Cooperation Agency (SIDA). The contents of this document are solely the responsibility of the Norwegian Refugee Council and can under no circumstances be regarded as reflecting the position of the European Union or the Swedish government.
The Norwegian Refugee Council (NRC) is an independent, international, humanitarian non-governmental organisation which provides assistance, protection and contributes to durable solutions for refugees and internally displaced people worldwide. www.nrc.no
Samuel Hall is an independent think tank providing research and strategic services, expert analysis, tailored counsel and access to local knowledge for a diverse array of actors operating in the world’s most challenging environments. samuelhall.org
Acknowledgements:
Thanks are due to everyone who participated in the researching and drafting of this report, in particular the staff from Samuel Hall and from NRC’s Information, Counselling and Legal Assistance (ICLA) programme in Afghanistan. Particular thanks go to Dominika Kronsteiner, Mohammad Abdoh, Ezzatullah Raji, Christopher Nyamandi, Dan Tyler, Kirstie Farmer, Monica Sanchez Bermudez and Dimitri Zviadadze. Samuel Hall would like to thank Marion Guillaume, Nassim Majidi, Ibrahim Ramazani and Abdul Basir Mohmand.
NRC also wishes to thank the individuals who participated in the focus group discussions and interviews, and who shared their personal experiences for this research.
2 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
TABLE OF CONTENTS
RECOMMENDATIONS...... 6
Introduction and Methodology ...... 9
1. Legal Framework...... 12
1.1 International Law...... 12 1.2 National Law...... 12
2. Procedures to Obtain Identification and Civil Documentation...... 16
2.1 Personal Identification Documents...... 16 2.2 Civil Registration and Documentation ...... 19 2.3 Gaps and Challenges within the Current Legal Framework...... 21
3. Possession of Civil Documentation ...... 23
3.1 Overall rates of possession...... 23 3.2 The impact of displacement on document possession...... 24 3.3 Tazkera ...... 25 3.4 Passports...... 26 3.5 Birth certificates...... 26 3.6 Marriage certificates...... 26
4. Understanding the documentation challenges facing IDPs...... 28
4.1 Living outside place of origin...... 28 4.2 Security ...... 29 4.3 Finances...... 29 4.4 Verification of Identity...... 29 4.5 Women and girl’s lack of documentation...... 29 4.6 Ethnic Minorities...... 31 4.7 Children and Youth ...... 32 4.8 Rural-Urban Divide...... 33 4.9 Corruption in state institutions...... 34 4.10 Civil registry technical challenges...... 34
5. The Impact of Lack of Documents...... 35
5.1 Women’s inheritance and marital property rights...... 35 5.2 Access to livelihoods...... 36 5.3 Access to humanitarian aid ...... 36 5.4 Access to health services ...... 36 5.5 Access to education...... 37 5.6 Access to other documentation...... 37 5.7 Freedom of movement...... 37
NRC REPORT 3 NRC > AFGHANISTAN REPORT
5.8 Political representation...... 38 5.9 Harassment from the authorities ...... 38 5.10 Access to justice...... 38 5.11 Access to credit...... 38 5.12 Achieving durable solutions...... 38 5.13 Cycle of poverty from of lack of documentation...... 39 5.14 Summary of the impact of lack of identity and civil documentation...... 40
6. Key stakeholders in civil documentation ...... 42
6.1 Stakeholder mapping...... 42 6.2 Government of Afghanistan...... 42 6.3 International organisations ...... 43 6.4 Local NGOs and CSOs...... 43 6.5 Key programmes and financial support addressing civil documentation...... 44
7. Key processes ...... 45
7.1 Issuing machine-rolled passports...... 45 7.2 Moving towards the e-tazkera...... 45 7.3 Digital records...... 46
Conclusions and Key Recommendations...... 47
Bibliography...... 51
Annexes...... 52
4 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
ACRONYMS
AIBA Afghanistan Independent Bar Association
AIHRC Afghanistan Independent Human Rights Commission
BORDA Bremen Overseas Research and Development Association
DRC Danish Refugee Council
EVAW Elimination/End of Violence Against Women
GIRoA Government of the Islamic Republic of Afghanistan
HLP Housing, Land and Property
IASC Inter-Agency Standing Committee
ICLA Information, Counselling and Legal Assistance
IDP Internally displaced person
IOM International Organization for Migration
KIS Kabul informal settlement
MoI Ministry of Interior Affairs
MoJ Ministry of Justice
MoLSAMD Ministry of Labour, Social Affairs, Martyrs and the Disabled
MoWA Ministry of Women’s Affairs
NGO Non-governmental organisation
NRC Norwegian Refugee Council
PRD Population Registration Department
UNHCR United Nations High Commissioner for Refugees
UNICEF United Nations Children’s Fund
NRC REPORT 5 NRC > AFGHANISTAN REPORT
RECOMMENDATIONS
Access to Tazkera for Displaced Access to Tazkera for IDP Women Persons Outside Their Place of Origin Only 21 percent of IDP women hold a tazkera Displaced persons should have the option to compared with 44 percent of host community submit their applications for a tazkera without women and 54 percent of returnee women. returning to their place of origin. The following Therefore, IDP women should be prioritised for actions should be taken: support in the following ways:
1. The Government should establish a system 4. Organisations working with IDPs should of communication between offices to verify incorporate support for women to access the identity of an applicant to enable the tazkera within their programmes; including application of a tazkera outside of their awareness-raising, counselling and place of origin or Kabul. This would facilitate representation. applications by displaced persons in their nearest registration office, without having to 5. Humanitarian and development organisations return to their place of origin or Kabul. should consider initiating programmes to offer direct support to IDP women to 2. The Government should establish more access tazkera. They should also undertake offices where displaced persons can apply awareness-raising activities. for a tazkera.
Access to Tazkera for Children to Equality in Access to Tazkera for Complete Education Women 6. Organisations working with IDP and returnee In 2010 there was a positive change in the children should support their access to law, eliminating the requirement for women to tazkera as an integral aspect of programmes. bring male witnesses to renew their tazkera. However, in some regions women are still asked 7. The Ministry of Education and Directorates to bring male witnesses. In order to ensure of Education in provinces should not require implementation of the law, the following actions tazkera for enrolment in education. Primary should be taken: education should be accessible for all.
3. Humanitarian and development organisations working on civil documentation should Access to Tazkera for the Most include this information in awareness- Vulnerable Individuals raising initiatives. The Government should endeavour to ensure compliance with the The study found that households with one or procedures in all regions of the country. more vulnerabilities were significantly less likely to have a tazkera. In order to support these households the following actions should be taken:
8. The Government should institute a waiver scheme for tazkera applications and renewal fees for the most vulnerable households, as set out in the IDP Policy (Section 6.3.2 (h) and (i)).
6 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
9. Humanitarian and development organisations The Afghanistan Protection Cluster should consider offering transportation should therefore: grants to vulnerable families to alleviate travel costs for tazkera applications and renewals. 14. Coordinate initiatives on civil documentation to promote a more efficient use of funding and resources responding to the needs Access to Tazkera for Afghan identified in this report. This could be done Refugees Abroad by convening bi-annual meetings with the government bodies concerned, to monitor The application procedure for those applying for progress on the recommendations of this tazkera outside of Afghanistan is complex and report, as well as the relevant provisions of often very lengthy. In order to promote access the IDP Policy. to tazkera for Afghans outside Afghanistan the following actions should be taken: 15. Coordinate awareness-raising initiatives on access to tazkera, specifically targeting IDP 10. Afghan embassies should establish a women, children, vulnerable households and coordination mechanism with the MoRR displaced persons in rural areas. and Ministry of Foreign Affairs to streamline the process for tazkera applications from 16. Encourage those working on awareness- abroad. raising initiatives to include publicity on which steps to take and the cost of the 11. International organisations should explore procedures so as to reduce corruption and ways to support tazkera applications by bribery. Afghans abroad. 17. Liaise with other clusters/sectors to identify programme initiatives to address specific Access to Birth Certificates for civil documentation issues arising in Shelter, Afghan Refugee Children Abroad Food Security etc. At a minimum, potential beneficiaries who lack civil documentation 12. The Government should establish a regional should be assisted to obtain the necessary coordination mechanism to facilitate access documents in order to prevent their exclusion to birth registration for the growing numbers from humanitarian assistance. of Afghan children born in exile. 18. Raise funds specifically for direct 13. International organisations working with programming to access civil documentation, Afghans abroad should raise awareness of such as the provision of legal assistance the requirement to report the birth of their and other measures to overcome specific children to the Afghan embassy/consulate barriers for women and the most vulnerable within three months, as stated in the Law of displaced/returnees. Population Registration of Afghanistan.
Addressing the Protection Gap in Civil Documentation
The study found that the lack of support for civil documentation procedures constitutes a programme gap in humanitarian response among organisations working with protection, given the severity of the impact of a lack of documentation on displaced Afghans. In order to address this, the Afghanistan Protection Cluster should take the following actions:
NRC REPORT 7 NRC > AFGHANISTAN REPORT
Building the Capacity of Government
The study found that the lack of capacity on the “supply” side of civil documentation – understaffed or undertrained government departments – means that a significant increase in demand following awareness-raising would result in difficulties in actually obtaining the required documentation. This therefore requires capacity-building and support for the government bodies responsible. The following actions should be taken:
19. Humanitarian and development actors should provide training to government agencies, improving their understanding of the law and increasing their ability to carry out the necessary procedures for civil documentation.
20. As part of the efforts to support Afghanistan’s achievement of the Sustainable Development Goals, UNDP and other actors should provide direct sustained support to the relevant government institutions to meet SDG 16.9: By 2030 provide legal identity for all, including birth registration.
Implementing the National IDP Policy
The National IDP Policy, developed in 2014, identifies documentation challenges faced by vulnerable groups such as displaced persons and provides a roadmap to address these consistent with the issues outlined in this report. Currently, the modified procedures detailed in the National IDP Policy for civil documentation have not been enshrined in legislature.
21. The Government of Afghanistan should implement the National IDP policy. In particular, the relevant authorities should take steps to implement the provisions relevant to civil documentation as set out in section 1.2.
8 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
INTRODUCTION AND
METHODOLOGY
Between 1 January and 31 March 2016, over Methodology 90,000 individuals in Afghanistan fled their homes due to conflict.1 These newly-displaced A full methodology including key definitions joined the existing 948,000 conflict-displaced and research questions is available in Annex I. persons2 and the 13,000 displaced from homes A mixed-methods approach, combining primary due to natural disasters.3 Since 2002, more than quantitative and qualitative data was developed 5.7 million Afghans have returned from abroad, for this research. Research teams conducted representing the largest displaced group seeking training and research in August and September durable solutions.4 In 2015 alone, IOM reports 2015 in the provinces of Balkh, Herat and Kabul. that over 88,400 undocumented Afghans5 have In each province, fieldwork centred around the either “spontaneously returned” (79,105) or been provincial capitals – Mazar-e-Sharif, Herat, deported (9,295) from Pakistan due to threats, and Kabul – spreading outwards to urban, harassment and insecurity.6 peri-urban and rural areas. A minimum of three Primary Sampling Units (PSUs) were visited in Many of these families are in destitute situations: each location that included returnees and IDPs. food, shelter, and other immediate needs are their primary concerns. Beyond the initial shock Researchers interviewed both host community of displacement and return there are the longer members and displaced persons. In cases term needs to reintegrate into a society that many where a community consisted solely of displaced have left decades ago. Affirming their belonging persons, host community members were selected and their identity becomes key to exercising their from the nearest non-displaced community. rights and accessing services and entitlements. Fieldwork in Kabul included an additional group Objectives of interviews with Jogis to collect indicative information on the specific challenges they The purpose of this research is to inform future may face. Previous research suggests that Jogi work in supporting displacement-affected have much lower rates of civil documentation persons to access civil documentation as well as possession than other groups, due to their accessing other rights and services connected to non-recognition by the authorities as Afghan it. This will in turn contribute to enabling persons nationals. affected by displacement to achieve durable solutions – whether local integration, return Each team consisted of five male and five or settlement in another part of the country. In female enumerators. This ensured that women, order to do so, this research had three primary highlighted in secondary research as being at objectives: a much higher risk of lack of documentation, were included in sufficient numbers to draw 1. Assess the scope and consequences of statistically significant conclusions. the nexus between legal identity and civil documentation and displacement in Afghanistan; Quantitative survey: 1,240 completed in 3 provinces 2. Identify the key actors, programming and legal frameworks concerning legal identity and This research uses a test-control methodology civil documentation for displaced persons in to conduct analysis, with a 3:2 ratio between Afghanistan; and the test (displaced persons) and control (host community) groups. This made possible both 3. Inform NRC’s Information, Counselling and intra-group comparison and a more granular Legal Assistance (ICLA) programme’s legal analysis of the displaced persons group. The identity and civil documentation response. initial target for this portion of the research was of 1,200 surveys. A total of 1,208 were completed
NRC REPORT 9 NRC > AFGHANISTAN REPORT
Fieldwork Locations
towards the targets specified. Additional surveys Community leader interviews: 12 completed conducted by the research team include a sample of 32 Jogi households specifically targeted in Four community leader interviews were Kabul to allow for a high-level overview of the conducted in each province, with a minimum of particular situation they face. one each with a displaced community leader and host community leader. Qualitative survey: 45 KIIs, 12 Community leaders, 9 FGDs and 12 case studies Key informant interviews (KIIs): 45 completed
Qualitative data was similarly been collected Key informant interviews included interviews in all three provinces, along with key informant with government staff at key ministries, staff interviews in Balkh, Herat, Kabul, elsewhere in from international organisations (such as UN Afghanistan and abroad.7 The qualitative data organisations) and international NGOs, and staff consists of the following: at Afghan NGOs, amongst others.
FGDs: 9 completed Identification and definition of displaced persons and host community members: Three FGDs were conducted in each province, one with male host community members, one In a country where 76 percent of Afghans have with displaced men, and one with a mix of experienced some form of displacement in displaced and host community women. their lives, an initial research question involved defining displaced persons and host community Case studies: 12 completed members.
To date, four case studies were conducted in each province, one each with a displaced man and woman, one with a host community member, and one with a beneficiary of NRC’s legal assistance programme.
10 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
INTERNALLY Under the Guiding Principles on Internal Displacement (1998), internally DISPLACED displaced persons are defined as “persons or group of persons who have PERSONS (IDPS) been forced or obliged to flee or leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border”.8
RETURNEES Under the IOM Glossary on Migration, return is broadly defined as “the act or process of going back. This could be within the territorial boundaries of a country, as in the case of returning IDPs and demobilized combatants; or from a host country (either transit or destination) to the country of origin, as in the case of refugees, asylum seekers, and qualified nationals. There are subcategories of return which can describe the way the return is implemented, e.g. voluntary, forced, assisted and spontaneous return; as well as subcategories which describe who is participating in the return, e.g. repatriation (for refugees).” Throughout this report, the term returnee will be used only to refer to those who have lived abroad and returned to Afghanistan.
HOST UNHCR defines host communities as “communities that host large COMMUNITIES populations of refugees or internally displaced persons, typically in camps or integrated into households directly.”9
Host communities are often defined in opposition As a result, and for added quality control and to other groups – they are those who have not robustness of analysis, in all cases where the time been displaced. However, in Afghanistan, the since displacement ranged from 16-23 years, situation is more complex. The vast majority of further indicators were used to identify those in Afghans have, at some point, been displaced. forced displacement situations. Classification as Therefore, stating that host community members returnee/IDP/host community was done using must be persons who have never left the location additional variables, namely, whether or not this of research would have drastically limited “host is their province of origin and the identification community” members and excluded those who of the type of community by trained researchers might have briefly lived abroad, for example, thirty who were asked to categorise the community years ago. It would not be contextually relevant. as “host,” “IDP,” “returnee” or “mixed”, based on observations, interviews and feedback from In practice, NRC staff in the field reported using communities. a modified definition – using time since return as the most relevant cut off to differentiate between “formerly” displaced persons and “currently” displaced persons. It was agreed at the onset of the research that this cut off generally corresponded to twenty years.
NRC REPORT 11 NRC > AFGHANISTAN REPORT
1. LEGAL FRAMEWORK
The legal system in Afghanistan10 consists of four Women (CEDAW) additionally requires State primary legal frameworks: statutory law, local Parties to “grant women equal rights with men to customary law, shari’ah law and international law, acquire, change or retain their nationality.” This which all may at times compete. Civil registration, was further enshrined in Afghan Law in Article 4 documentation and identification procedures of the 2004 Afghan Constitution: “No individual in Afghanistan are governed by statutory and of the nation of Afghanistan shall be deprived of international law. citizenship.”
Current procedures for issuing civil In addition, international human rights law clearly documentation are not adapted to situations of establishes the right to birth registration for mass displacement.11 Decades of civil war have all children, as per Article 24.2 of the International damaged government institutions, disrupted Covenant on Civil and Political Rights (ICCPR) regular functions and caused destruction and and reiterated in Article 7(1) of the Convention loss of civil registry records. The frequent change on the Rights of the Child (CRC). in government and political leadership has also resulted in changes to applicable legislation, Furthermore, the right to marriage registration creating a range of different civil documents that is included in the 1966 Convention on the coexist to this day. Consent to Marriage, Minimum Age for Marriage and Marriage Registration and in Article 16(2) of The problems facing Afghans around civil CEDAW, which calls on States to make marriage documentation from a legal perspective are twofold. registration in an official registry compulsory. Firstly, administrative practices are discriminatory against displaced persons and women. Secondly, a For internally displaced persons, Principle number of problems exist around the interpretation 20(2) of the Guiding Principles on Internal and application of the laws, including lack of Displacement provides that: awareness and limited civil service institutions, as well as capacity gaps at the issuer level. [T]he authorities concerned shall issue to them all documents necessary for the enjoyment and exercise of their legal rights, such as 1.1 International Law passports, personal identification documents, birth certificates and marriage certificates. In The right to be recognised as a person particular, the authorities shall facilitate the before the law is one of the most basic rights issuance of new documents or the replacement and represents a sine qua non and precondition of documents lost in the course of displacement, to the enjoyment of all other individual legal without imposing unreasonable conditions, rights.12 This right is set out in Article 16 of the such as requiring the return to one’s area of International Covenant on Civil and Political habitual residence in order to obtain these or Rights (ICCPR) and Article 6 of the Universal other required documents. Declaration of Human Rights (UDHR) and is non-derogable.13 It has been described as the “right to have rights” and enables each person to 1.2 National Law be a holder of rights under law.14 The Afghan Civil Code (1977) mandates the The right to a nationality has been recognised registration of personal details of an individual under Article 15 of the UDHR as well as Article and the recording of vital life events and issuance 24(3) of the ICCPR. Article 9 of the Convention of personal identification documents by the on the Elimination of Discrimination Against government (Art. 47) and the 2014 Registration
12 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
of Population Records Act articulates the The key laws and policies governing the issuance obligation of citizens to register civil status of civil documentation in Afghanistan and their changes (such as marriage). In practice, these application to displaced persons are detailed documents are necessary for the exercise of below.15 civil, political and economic rights.
The Legal and Policy Framework on Civil Registration, Documentation and Identification in Afghanistan
Legal and Policy Key Provisions Documents
International Laws and Principles
1948 Universal Declaration Article 6 – Recognises the right to be recognised before the law of Human Rights (non- Article 15 – Recognises the right to a nationality binding)
International Covenant on Article 16 – Recognises the right to be recognised before the Civil and Political Rights law (acceded by Afghanistan, Article 24(3) – Recognises the right to a nationality for all 24 January 1983) children Article 24(2) – Requires authorities to register all births
1989 Convention on the Article 7(1) – Requires registration of children Rights of the Child (ratified Article 7(1) – Recognises the right to a nationality of children and by Afghanistan, 28 March requires states party to this convention (including Afghanistan) to 1994) ensure the implementation of these rights
Convention on the Article 9 – Equal rights of women to acquire nationality Elimination of All Forms Article 16(2) – Requires all marriages to be registered in an of Discrimination Against official registry Women (ratified by Afghanistan, 5 March 2003)
Guiding Principles on Principle 20(1) – Recognises the right to be recognised before Internal Displacement the law (1998) Principle 20(2) – Requires authorities to ensure IDPs are issued identity documents and civil documentation Principle 20(3) – Women and men enjoy equal rights in accessing all identification documents
Afghan Laws and Policies
2002 Agreement between Tripartite agreement, extended yearly since 2002 Iran, Afghanistan and UNHCR Governing the Repatriation of Afghan Citizens living in Iran
NRC REPORT 13 NRC > AFGHANISTAN REPORT
2007 Agreement between Tripartite agreement, extended several times, which has led to Pakistan, Afghanistan and recognition of the legal status of returnees and recognition of UNHCR Governing the Voluntary Repatriation Forms (VRF) as valid identity and travel Repatriation of Afghan documents by the Government of Afghanistan Citizens living in Pakistan
Afghan Civil Code 1977 Governs registration and documentation of birth, marriage, dissolution of marriage and death
Citizenship Act 2000 Provisions that affect the legal status of Afghans abroad, protecting them from losing their nationality and noting that their children, as children to Afghan parents, also have the right to Afghan nationality
Passport Act 2000 Establishes tazkera, amongst other requirements, as necessary for obtaining passports (Art. 8)
Registration of Population Governs the issuance of paper tazkera, which also applies to Records Act 2000 IDPs and returnees
Afghan Constitution 2004 Constitutional responsibility to ensure no Afghan is deprived of her or his nationality
Afghan Election Law 2013 Special provision for Kuchis and refugees abroad (Art. 5) Mandates the use of tazkera for voting cards to get ballot (Art. 6)
National Internally Recognises the primary responsibility of the government to Displaced Persons (IDP) provide emergency assistance, long-term support and effective Policy 2013 protection to IDPs in Afghanistan and acknowledges their vulnerability caused among other factors by the loss of personal documents (Section 2.2) Establishes that MoI and line departments are to prioritise issuance of an electronic tazkera to IDPs without a tazkera (Section 6.3.2 (a)) Creates provision for MoI to build awareness among women on procedures for obtaining electronic tazkera among IDP communities (Section 6.3.2 (c) and (d)) Notes that MoI will also consider alternative forms of proof (e.g., sworn testimony from an elder, a religious leader, a medical doctor) regarding the applicant’s identity. Fee for issuance of tazkera must be waivered in cases of vulnerable IDP groups (Section 6.3.2 (h) and (i)) With regard to the loss of other documents, MoRR and Ministry of Justice undertake to review relevant laws, rules and regulations, recommend measures including amending legislations and regulations to remove obstacles to the replacement of lost documents and to ensure that IDPs are issued with documents necessary for the enjoyment and exercise of their rights (Section 6.3.3)
14 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
Registration of Population Does not directly mention IDPs and returnees, but the general Records Act 2014 procedure for the registration of birth and issuance of tazkera to children applies to children of IDPs and returnees as well Article 9(1) can be used by IDPs/returnees where they do not have any documents to prove their identity
Passport Law 2015 Approved by Presidential Decree in October 2015, which means it is currently applicable and its provisions must be followed
Draft Strategy Plan of Commits the MoRR to protect the rights of IDPs and ensure Ministry of Refugees and their access to social services. To this end MoRR undertakes Repatriations (MoRR) to establish effective mechanisms including legal awareness programmes to provide legal aid to IDPs, returnees and refugees (Strategy 4: Social and Legal Services)
Citizen’s charter Will detail the services, and the standard of services, that will be delivered by the Government to its people (forthcoming) Will become a national priority program
NRC REPORT 15 NRC > AFGHANISTAN REPORT
2. PROCEDURES TO OBTAIN IDENTIFICATION AND CIVIL DOCUMENTATION
2.1 Personal Identification Documents
Tazkera
The tazkera is the primary Afghan personal identification document and is “necessary to receive a variety of government services (e.g. education), employment in the government and large parts of the private sector. They are also necessary to obtain other identity documents such as passports and drivers’ licenses.”16 Under Article 3(3) of the 2014 Afghanistan Law on Registration of Population Records, the tazkera is “an official document that is printed on (polycarbonate) cards and distributed as a proof of national identity to citizens of the country pursuant to provisions of this law.” The tazkera serves as the primary identification document for Afghans and there are currently plans to develop an electronic version of the tazkera (e-tazkera) which would additionally include biometric information. Tazkera vary in format and have changed under the successive administrations in Afghanistan. Tazkera from each of these different administrations remain in circulation. Among other information, most tazkera today contain the following: • Photograph • National identification number • Full name • Father and grandfather’s names • Physical description • Place of origin • Place and date of birth • Sex • Marital status • Mother tongue • Profession • Registration number (for PRD’s reference books) • Date of issue17
Tazkera Issuance Procedure in the Districts
16 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
Tazkera Issuance Procedure in Kabul
Tazkera Issuance Procedure in other Provincial Capital Cities (not Kabul)
The procedure for obtaining a tazkera varies The procedure for obtaining a paper tazkera depending on, inter alia, where the application is requires a filled application form, six passport sized submitted. As outlined below, the process differs photographs for a new takzera (four for a duplicate) if the application is completed in the districts or and the copy of the tazkera of a male relative. in provincial capital cities. Slightly modified procedures exist for Kuchis, IDPs and persons whose identity cannot be proven.
Procedure for Kuchis Procedure for individuals with “unknown identity”21 “Kuchi” is the Persian word for nomad. In the Afghan context, it is used to refer to pastoral When a person’s identity cannot be verified in a nomads (as distinguished from other nomadic standard manner, they can receive a tazkera only persons such as the Jogi and Chori Frosh).18 after two Afghan citizens possessing tazkera as well Kuchis who do not have a fixed place of residence as the local police department attest that they are an can obtain tazkera in their seasonal place of Afghan national.22 In situations where they cannot residence after the applicant’s identity is verified complete this process, a commission consisting of by a close relation and attested by a kuchi malik. authorised representatives of the Supreme Court, (Art. 14 of the Registration of Population Records the Ministries of Foreign Affairs and Migration and Act, 2014).19 Immigration, the Office of the Attorney General, the National Directorate of Security (NDS) and the Office of Registration of Population Records and Procedure for IDPs Foreigners’ Identity Assessment shall assess the application and decide.23 When IDPs wish to apply for a tazkera from their current place of residence, they must bring an official letter (“Ariza”) from the Population Procedure for Afghans living abroad Registration Office in Kabul – making this an alternative to the “normal” procedure, which Afghans living abroad also must complete a is only useful for those IDPs living in Kabul.20 complex and time-consuming procedure to obtain Applicants must submit a request letter a tazkera. The consular sections of embassies explaining why they cannot obtain their tazkera contain information for processing passport in their original home. IDPs cannot have their applications (both for the first time and renewals, tazkera applications validated by authorities in as discussed below) but not tazkera. This is in their current place of residence. line with the requirement, as described above, for all Afghans to return to their family’s place of residence, or to Kabul, to apply for tazkera.
NRC REPORT 17 NRC > AFGHANISTAN REPORT
Lost or damaged tazkera passport is issued on the provision of an original copy of the tazkera, which has been attested by Article 11 of the 2014 Population Registration the Registration of Population Record Office, Law states that applicants wishing to replace in addition to the required form, four photos a lost or destroyed tazkera must first obtain and a fee payment receipt (Art. 8). Biometric confirmation of the destruction or loss before information of the applicant is registered during their re-application. To do so, the following the application process.24 The passport provides procedures must be followed: prima facie evidence of Afghan nationality and enables travel abroad. 1. If the tazkera is lost, the applicant must advertise its loss in the media and attach the Required identification documents for those receipt for this to his/her application letter (if applying for passports abroad include the there is no media in the area, the testimony of tazkera and previous passport (if renewal). two Afghan neighbours will suffice). Those born in the United States and those under 17 are not required to have a tazkera to apply for 2. If the tazkera is damaged, the damaged tazkera a passport – a birth certificate and proof of their must be returned with the application. parents’ Afghan nationality (tazkera or passport) is sufficient.25 3. If the tazkera is burned, the applicant must get the confirmation of two Afghan neighbours. According to a provision of the new Passport Law (2015), Afghans whose passports have been lost or have expired while living abroad, as well as Passports Afghans who have never had one, can apply for these at the nearest Afghan consulate or embassy. The procedure for obtaining passports Applicants must bring their former passport with is contingent on first having obtained a them if in possession of it – failing this, they should tazkera. Under the Passport Law of 2000, a bring a police report describing the loss or theft.
Passport Application Process (for Afghans residing in Afghanistan)
Passport Application Process (for Afghans abroad)
18 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
2.2 Civil Registration and Birth certificates Documentation The Registration of Population Records Act There is a distinction between registration of vital 2014 obliges registration of birth by public health events – i.e. the obligation of the government institutions and reporting of birth by parent(s), to record events such as birth, marriage and guardian or authority at the health centre. All death – and the accompanying certificates that births should be registered within three months. are issued by the government attesting to this There are currently two procedures for the registration. According to the United Nations, registration of births and subsequent issuance civil registration is a process described as: of birth certificates in Afghanistan, depending on whether the birth took place at home or in a “the continuous, permanent, compulsory and medical facility. universal recording of the occurrence and characteristics of vital events pertaining to the The births of Afghan children born abroad are to population (...) in accordance with the legal be registered at the nearest Afghan Embassy or requirements of a country.”26 Consulate within three months.
Although there is no internationally agreed definition of civil documentation, NRC defines Marriage certificates it as “any official document issued by civil registrars or any other authorised state body According to the Afghan Civil Code of 1977, (i.e. courts) that provides proof of an individual’s every marriage has to be registered and a marriage civil status as a result of a personal event. Civil certificate issued.28 In reality, this process is documentation can include birth, marriage, rarely followed. Due to the complicated nature and death, as well as annulment of marriage, of the process detailed below, the marriage legal separation of marriage, divorce, adoption, contract (nekahkhat, which contains information recognition of parenthood, legitimation, and on the brideswealth) is generally considered foetal death or still birth where relevant.”27 sufficient and is easier to obtain. Reporting vital life events such as birth, marriage and death to the Department of Registration of Population Records (DRPR) is a legal duty under Afghan law and the state has an obligation to officially record those events.
Birth Registration Procedures in Afghanistan
NRC REPORT 19 NRC > AFGHANISTAN REPORT
Procedure for Obtaining Marriage Certificates
As a result of the length and costs associated dies while abroad, her/his family and relatives are with this procedure, many married couples refrain to notify the nearest embassy or consulate office from registering their marriage and therefore lack of Afghanistan of this fact, and the embassy official marriage certificates, which can cause or consulate office registers and reports it to problems for travelling abroad, as described the Registration of Population Department in below. Afghanistan. Additionally, as detailed in Article 22 of the 2014 Registration of Population Records Law, the Ministry of Public Health are to establish Death certificates a mechanism to register deaths in hospitals, clinics and private clinics and report these to According to Article 20 of the Registration the Registration of Population Department. of Population Law 2014, the family, relatives Therefore whenever a death is noted by any of and executor of the deceased shall notify the these health care providers, there is no need for Population Registration Department within additional witnesses to confirm the death for the 30 days of the deceased’s death and the purposes of registration. department shall register this event. If the person
Procedure for Obtaining Death Certificates
20 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
For inheritance, however, the required document in protracted displacement.”29 is not the death certificate but rather the asl-ul- werasa, which is obtained through the courts through the attestation of the mullah/wakil of the Lack of government strategy on civil area concerned and that of three other witnesses documentation to the death. Although laws have been legislated enacted and policies adopted, the current worsening security Appeals procedures situation and limited government capacity have hampered their implementation. The MoRR While there should be no reason for relevant Strategy Plan does not include a work plan departments to reject applications for civil for implementing the National IDP Policy nor documentation when all appropriate procedures any strategy in regards to civil registration, have been properly followed, in practice, when documentation and issuance of personal such cases happen, applicants can reach out identification documents for IDPs and returnees. to a superior authority within the department, or, if at the district level, to the District Governor. While Art.51 of the Constitution of Afghanistan Limited understanding of laws by judicial guarantees that any citizen whose rights officers and others issuing documentation are violated by the administration deserves compensation, currently there is no administrative Several key informants noted that staff issuing court in Afghanistan to deal with such cases. and approving documentation do not always have proper training and knowledge of the laws. Thus in many cases both the applicants 2.3 Gaps and Challenges Within the and responsible officials lack knowledge of Current Legal Framework the procedures.30 This can lead to procedures that are not in accordance with the law. Key In practice, there are several key challenges for informants cited cases of clerks requiring the implementation of laws on civil registration, bribes to issue documentation, particularly in documentation and identification in Afghanistan. cases where the applicant is in a less clear-cut administrative situation.31
Legal framework not adapted to circumstances of IDPs and returnees Lack of a modern civil registry system
IDPs and returnees are not mentioned in the The civil registries are currently undergoing laws governing civil registration, documentation digitalisation.32 However, to date it has been and identification in Afghanistan. The current paper-based, with one copy in the districts and laws require applications for tazkera to be filed one in Kabul. These records have in some cases in one province of origin or central authorities in been damaged by age and conflict, making Kabul. For those living in neither place, this can accessing recorded data very difficult. This also be difficult, if not impossible, from a security and requires travel when persons are not in their financial perspective. place of origin or Kabul. The centralisation and paper nature of the existing registries make The National IDP policy addresses some of these application of the laws around accessing civil challenges and could be useful, if implemented. documentation more challenging. However, according to the IDMC, as of July 2015,
“the policy had yet to deliver any positive Requirement of tazkera to access other tangible impact for IDPs themselves in terms of documentation addressing outstanding gaps in the prevention of displacement, the delivery of protection and Access to passports and marriage certificates assistance during displacement, and facilitating requires possession of a valid tazkera. Challenges durable solutions for the large numbers trapped in accessing tazkera due to displacement limit
NRC REPORT 21 NRC > AFGHANISTAN REPORT
the ability of displaced persons and returnees to access other forms of documentation, including passports, birth certificates, marriage certificates and death certificates.
Land Titles A lack of tazkera or other forms of documentation may negatively impact the exercise of housing, land and property (HLP) rights for returnees or IDPs. Further, in previous research, access to HLP rights has been found to be a key area of vulnerability, especially for women.33 Access to property title deeds to prove ownership requires a tazkera. In the event of loss of property title deeds, an individual can obtain an attested copy of the title only after proving identity and presenting a tazkera.34 A lack of tazkera, then, is a key obstacle to land tenure – and consequently to accessing durable solutions. Customary property deeds are easier to obtain. They are normally drafted in the presence of all parties to the deed, three witnesses, and a local community leader, and bear the signature of all parties.35 An unregistered property document is valid on the condition that the seller of the property possesses the property and the adjacent owners and residents confirm the sale.36
22 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
3. POSSESSION OF CIVIL DOCUMENTATION
“The personal documents of people who flee Documents Possessed, by Gender39 their homes and areas of habitual residence are frequently lost or destroyed, and IDPs are often unable to obtain or replace such documents while they are in displacement. This includes national identity (ID) cards (tazkera), birth certificates, passports, and marriage certificates.”37
National IDP Policy of Afghanistan
Most IDP households surveyed in 2012 for the report The Challenges of IDP Protection possessed at least one tazkera, with 83.4 percent of males reporting having a tazkera.38 From this recent research, 91 percent of Afghan The tazkera has importance beyond all other men reported having at least one form of documents. Ninety percent of men possessed documentation, generally a tazkera. a tazkera compared to 38 percent of women.
Although displacement does not play a In households reporting no specific significant role in rates of possession, vulnerabilities40 respondents were more likely gender was revealed as the key divider. to report possession of tazkera (63 percent) Women, especially IDP women, are than in those reporting unaccompanied elders significantly less likely to hold a tazkera, as (48 percent), unaccompanied minors (36 well as other forms of documentation – 58 percent), child-headed households (25 percent) percent of women hold no documentation and single heads of household (40 percent at all. This is because accessing documentation of the 20 in the sample). Households run is more difficult for women and the perceived by single female heads of households need for documentation is lower. Both obstacles are more disadvantaged in accessing require solutions as they limit women’s autonomy documentation, as accessing tazkera and their role as potential economic agents. requires the support of male relatives.
This chapter examines key trends and challenges “Birth certificates and marriage certificates to accessing civil documentation and identity don’t really come up. They are second or documents in more detail. third priorities for these communities.” Key informant interview, GIZ, Balkh Province
3.1 Overall rates of possession “I don’t have a marriage certificate, birth certificate or passport because I don’t need Rates of possession of civil and identification them,” FGD, Kabul Province documents differ drastically by type of document. “I have a tazkera but don’t have the other Tazkera are by far the most common document documents like a passport and birth possessed. certificate […] to get these documents one needs money.” FGD, Kabul Province
NRC REPORT 23 NRC > AFGHANISTAN REPORT
Year tazkera obtained, by respondent age and gender
Year passport obtained, by respondent age and gender
While rates of possession of identification cited urbanisation (as one is more likely to need documents such as tazkera are on the increase, documentation in urban areas) and increased there is still a perception that civil documents awareness of the importance of civil and identity such as birth and marriage certificates are not documents as prompting this.41 A brief look at a necessity. NRC’s experience, however, shows when respondents possessing tazkera and that when a displaced person is confronted passport acquired these documents confirms with an event or difficulty requiring a specific this trend. Most respondents, regardless of age, document, the value of these documents is reported obtaining their tazkera since 2000, understood. with significant numbers having obtained the documents in the past five years. Civil and identity documents have become more common in the past ten years. Key informants
24 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
3.2 The impact of displacement on Generally, while IDPs prove less likely to report document possession having each type of document, returnees may actually be more likely than host community As noted in Chapter 2, current procedures members to possess documents. under Afghan law make it more difficult for those outside their province of origin to obtain documentation, especially tazkera. This has led 3.3 Tazkera to the perception that returnees and IDPs are less likely to possess documentation. Returnees, Only 21 percent of IDP women hold a tazkera for example, are at risk due to: compared with 44 percent of host community women and 54 percent of returnee women. “The young generation is born abroad and This confirms findings of an earlier 2012 Samuel they have some difficulties getting reintegrated Hall/NRC study, which highlighted low rates of in the civil registry. The only people who have tazkera possession amongst displaced women civil documents in this category are the elders and found only 18 percent of female IDPs and I think they do not represent more than 10 interviewed holding a tazkera.44 percent of the population of this category.”42 The impact of displacement on tazkera However, despite this perception, the reality is much possession is less visible for men: 87 percent more nuanced, as is shown in the table below.43 of male IDPs reported having a tazkera, as Displacement varies as a predictor of document compared to 88 percent of male returnees and possession, both by type of displacement and by 94 percent of host community members. type of document. In some cases, displacement actually supports possession of documents. The fact that returnee women were more likely to possess a tazkera than non-returnee women,
Rates of identification and civil documentation possession, by displacement status
Host Refugee IDP IDP Returnee community Returnee
MEN Tazkera 94 percent 88 percent 87 percent 86 percent
Passport 15 percent 16 percent 11 percent 9 percent
Birth certificate 3 percent 3 percent 2 percent 0 percent
Marriage certificate 16 percent 19 percent 6 percent 9 percent
None of the above 6 percent 9 percent 12 percent 14 percent
WOMEN Tazkera 44 percent 54 percent 21 percent 43 percent
Passport 6 percent 2 percent 1 percent 2 percent
Birth certificate 0 percent 2 percent 0 percent 2 percent
Marriage certificate 9 percent 14 percent 3 percent 7 percent
None of the above 52 percent 43 percent 75 percent 52 percent
NRC REPORT 25 NRC > AFGHANISTAN REPORT
and generally were most likely to have some than any other group, perhaps resulting from form of identification, suggests that living abroad differing procedures for their issuance abroad. underlines the importance of documentation. As tazkera are necessary to access both marriage certificates and passports, which are both 3.6 Marriage certificates required in order for married women to legally travel abroad, a slightly higher rate of possession Again, a distinction must be made between types amongst those who have been abroad is to be of displacement when considering impact: while expected. IDPs are less likely than either host community members or returnees to have official marriage certificates (Nekahnama) (only 6 percent of men 3.4 Passports and 3 percent of women interviewed), returnees are actually more likely to have them (19 percent Low rates of passport possession can be of men and 14 percent of women). This can be seen across the board. Only 16 percent of at least partially explained by the fact that official returnee men and 2 percent of returnee marriage certificates are primarily reported as women reported having them. Once again, being necessary for travelling abroad. This is IDPs are slightly less likely to report possessing noted as the key motivation for those taking the them than both host community members and time to follow through the complicated procedure returnees. of obtaining them:
“[Obtaining a] marriage certificate is complicated, 3.5 Birth certificates and before you can get it you need a paper to prove that you are single […] people go to the Possession of birth certificates is rare amongst court to register their marriage most of the time both displaced and host community members. because they want to travel outside the country.”45 Returnees – in particular women – appear slightly more likely to possess birth certificates Returnees’ experiences abroad may contribute to
RATES OF CIVIL DOCUMENTATION POSSESSION, BY COUNTRY AND STATUS IN EXILE Pakistan, Iran, with Iran, without Pakistan, with without legal stay legal stay legal stay legal stay
MEN Tazkera 90 percent 71 percent 89 percent 88 percent
Passport 21 percent 29 percent 3 percent 13 percent
Birth certificate 3 percent 0 percent 0 percent 5 percent
Marriage certificate 14 percent 36 percent 6 percent 25 percent
None 10 percent 11 percent 11 percent 10 percent
WOMEN Tazkera 54 percent 49 percent 70 percent 35 percent
Passport 8 percent 3 percent 2 percent 2 percent
Birth certificate 0 percent 3 percent 4 percent 0 percent
Marriage certificate 24 percent 9 percent 7 percent 9 percent
None 41 percent 46 percent 28 percent 63 percent
26 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
their higher rates of possession of documentation for women. While abroad, they may have faced higher requirements to prove their own identity to access services and as a result, may have more knowledge around the importance of documentation for registration procedures and to access services.46
This suggests that displacement in and of itself is not the main factor affecting possession of documentation: the type of displacement clearly impacts document possession.
“Displacement itself is not necessarily the main factor in not having a tazkera. There are different displacement scenarios – economic migrants, natural disaster, conflict-induced, etc. [Economic migrants can] bring everything with them because they have sufficient time to collect all the documentation. If they never had these documents, the only concern to my view would be the conflict-induced IDPs who do not do so […] In the last two three years, with IDPs, the majority have provided us with these required documents.”47
Those who have lived abroad, including both returnees and IDPs, overall have a higher rate of document possession. Data seems to indicate a link between the lack of legal stay in the country of exile and a lower level of tazkera ownership. No other clear trend appears to strongly differentiate documented refugees from those without legal stay.
NRC REPORT 27 NRC > AFGHANISTAN REPORT
4. UNDERSTANDING THE DOCUMENTATION CHALLENGES FACING IDPS
4.1 Living outside place of origin Percentage of respondents in place of origin Several factors contribute to the low rates of document possession amongst IDP populations. The clearest gap is in the possession of tazkera. While progress has been made to allow IDPs to obtain their tazkera in Kabul, in many cases the procedure still requires travel to one’s province of origin or to Kabul – travel which can be dangerous, expensive and time-consuming. In some cases, travel is impossible if the reasons for the initial flight still exist. In other cases the process is further complicated if records have “The people that are the most vulnerable are been lost or if they have not been transferred to returnees. Especially the children that were born Kabul. abroad and were not reported in this country. These people are not included in the civil registry “I have my tazkera from a long time ago. I and it is very complicated to reintegrate them. got my tazkera in 1354 [1975/1976 in the […] The people who went from rural areas and Gregorian calendar]. My six children [as emigrated abroad don’t have anything proving well as] my wife don’t have tazkera. We their link to Afghanistan and they had a hard have lived in Daresof but now we can’t time getting a document from the administration go there. One of NRC’s employees went or being recognized as citizens of this country.”49 with us to the directory of tazkera but they rejected to give us tazkera, and they said With the exception of children, it is not we have to go to Daresof district in order the fact of having lived abroad which is to get the tazkera, so the NRC’s employee most problematic, but rather the simple couldn’t get the tazkera for us.” (Case fact of not being currently in one’s place Study, Male NRC ICLA beneficiary, Balkh of origin – regardless of whether one is an province) IDP, host community member or returnee – especially for women, for whom it is “Just my child has a birth certificate that the more difficult to travel. A total of 48 percent Wakil gave, but the other members of my of women who are living in their place of origin family don’t have any civil documentation. have tazkera, compared with 30 percent of those The fare to go to our place of origin and who are not. come back would be 5000 Afghanis so I can’t go to get the documents.” (Case Study, Male IDP, Herat province)
Of all those interviewed, IDPs were least likely to report living in their province of origin and so are the most likely to face travel challenges to get the tazkera.48 Some key informant interviews suggested that having lived abroad and being a returnee also made it more challenging to get documentation:
28 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
Average HH income, by displacement whether or not they can return there to obtain background (in Afg/per month) documentation.
4.3 Finances
IDPs are generally worse off financially50 which makes travel less feasible and limits access to tazkera and other documents, due to affordability. For example, a five-year Afghan passport costs 5,500 Afghani. As one community leader in Mazar noted
“it is hard for people to get tazkera because every household contains more than six or seven There are a number of other reasons why IDPs people and the province of origin is insecure. are less likely to have tazkera than other groups If they go to the province of origin, they have living outside their province of origin, including to stay at the hotel and the procedure will take the following: more than one week so most people are not able to pay for this.” (FGD, displaced men, Kabul)
4.2 Security 4.4 Verification of identity For a displaced person to travel to their home province for documentation not only costs Tazkera access is based on recognition by family money, but also, given the current situation in members or community elders. Focus-group Afghanistan, poses clear security concerns, discussion respondents noted that especially for women. “in some of the families their elders [have] “It is not easy to go to the district of origin passed away. If they didn’t get tazkera before, because of insecurity there. [Also] the it is hard for them to get tazkera because no security on the way is not good and also one can easily confirm their identity.” (FGD, we don’t have [money to cover associated] displaced men, Kabul) expenses. Given the current context of increased Those who don’t have tazkera, should be displacement within Afghanistan – the events in helped to get tazkera from Balkh province Kunduz in late 2015 have added an estimated because our province of origin is insecure 17,000 displaced households to the existing and we can’t go. The government should caseload51 – the additional challenges IDPs face move our ancestor’s data to Balkh province are of particular concern. or help the people financially.” FGD, IDPs, Balkh province 4.5 Women and girls’ lack of “We cannot go to our province of origin to documentation get tazkera because Taliban threaten us there.” FGD, IDPs, Kabul Gender is the key factor in terms of predicting possession of documentation, Seventy-nine percent of IDPs interviewed were in particular tazkera. When it comes to displaced due to security concerns. Regardless tazkera, women are significantly less likely than of whether the displaced person is a refugee men to possess them, across all provinces, returnee or an IDP, the key question with regards displacement histories, age and income groups. to documentation is the current state of security in the place of origin, which will determine
NRC REPORT 29 NRC > AFGHANISTAN REPORT
Document possession by gender there have been significant improvements. For example, women, whether they are part of the host communities, IDPs or returnees will always need the support of their family [to get documentation].”54
Of all the women with tazkera interviewed, not a single one reported that their family did not support their getting a tazkera – confirming the necessity of this support.
Research has shown that displaced women are limited in their movement in displacement which makes it difficult to travel to apply for The consequences of this can be severe: documentation, in addition to the requirement to be accompanied by a male relative. There is also “We all know that when a girl leaves the home to a cultural perception that women do not need marry someone and then [is referred to] us, the identity documents or civil documentation. family never helps - they decline to cooperate - so the girl cannot obtain her tazkera. Currently “There are many women whose husbands we have 41 women with no fate, they cannot did not allow them to get these documents, remarry and cannot divorce and we cannot find like a tazkera. They say the women are to sit them jobs [due to] lack of civil documentation.”52 in the house and there is no need for them to have these documents. For example our However, it is important to distinguish between neighbours are not allowed to get tazkera.” types of civil documentation. Both women and Female Returnee Case Study Respondent, Balkh Province men, for example, are unlikely to have birth certificates. Focus group respondents further raised the Conservative social norms perspective that accessing documentation would require “inappropriate” behaviour. “We can’t get documents without support and permission of the family.” “It is not possible for a girl (single woman) FGD respondent, displaced women, Balkh Province to get these documents because she can’t go to the governmental organizations alone. Previous research noted that “[q]ualitative A woman cannot get these documents interviews suggest that conservative without the support of her family.” social norms stand as the key obstacle Female Returnee FGD respondents, Herat Province to women’s tazkera ownership, possibly influenced by a lack of access to education “I wanted to get tazkera for my wife. or other government services.”53 The governor said ‘bring your wife in my office so I can verify her age, so I gave up To obtain a tazkera, women must go to the relevant because he wanted to see my wife.’” office with a male relative, who then declares them Male Returnee Case Study Respondent, Balkh Province to be part of their family. Consequently, women without a close male relative – or whose male relatives do not wish them to get documentation – cannot receive a tazkera, which is crucial to receiving other documents such as passports.
“It is not the [displacement] category of people that determines the ease of access to civil documentation; there are still important governance gaps in the system, although
30 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
Case study: Soraya*, married 25-year-old woman, returnee, Balkh Province I am from the Sholgara district originally and was living in Pakistan before coming here. We went to Pakistan because of the conflict and insecurity and when the security situation got better here we came back to this area, because it is very good to live in your own country. Tazkera is important for everyone. When I returned from Pakistan, they asked me for my tazkera because they were distributing land for returnees and I went to get it. Not having identity documents negatively impacts a person’s life and the person will be deprived of many of their rights. Without tazkera, you can’t rent or buy house. It is also needed to find work. Tazkera is necessary if you want to move somewhere else in Afghanistan because you have to make it known that you are Afghan. When the government said that the people who don’t have tazkera can’t get land, I went to get my tazkera. I went to Sholgara district with my husband, and applied for the tazkera in the office of the district. After passing some procedures we could get it in two days. We stayed one night there in Sholgara, we paid 300 Afghanis, which they said is the price of the paper. [NB: the price of the paper is 10 Afghani] Overall, we spent 2,000 Afghanis getting the tazkera. We did not face any specific challenges, but the general challenges are the remoteness of the district of origin and financial expenses. We didn’t give a bribe to anyone because it is our right to have tazkera. We want to obtain our passports and marriage certificate. The reason that we didn’t take these documents until now is that the household authority is in the hands of the men and it is not important for them to have a passport or marriage certificate. The reason that all the men have documents is that they are educated, they work, they travel, they own land and properties but women are in the house. There are many women whose husbands do not allow them to get these documents, like a tazkera. They say the women are to sit in the house, so there is no need for them to have these documents. For example, our neighbours are not allowed to get tazkera. Now that I have tazkera I know how important identity documents are. Women have the right to have these documents. They have the right to buy and rent property, travel and work. The children don’t have tazkera in my household and if I would have the ability I would get it for them. Because I don’t want them to face to the challenges I faced. My children don’t have birth certificates because they were born at home as the hospital is very far. * Name changed
This represents a key policy change from the government perspective, especially with regards 4.6 Ethnic minorities to the Jogi population. Until 2011, the Jogi, a nomadic people in Afghanistan, had generally Section 6.3.2 of the National IDP Policy states been unable to access Afghan nationality. that They lacked documentation and were at risk of being stateless.56 However, as long as the “MoI will cooperate with MOWA, MoLSAMD prescriptions of the National IDP policy have not and MoBTA to see that assistance is given to been fully applied, the situation remains unclear. separated, unaccompanied or orphaned IDP children to obtain tazkera, and to members of In the past, the Afghanistan Independent Human certain groups, notably the Kuchi, Jogi and Chori Rights Commission had sent then-President Frosh, who generally do not have tazkera and Karzai a letter on the situation of the Jogi, and who face special difficulties in acquiring them.” he had responded positively, sending the IDP taskforce a letter noting that the Jogi should be able to get tazkera. In practice, however, a clear difference is observed between Kabul,
NRC REPORT 31 NRC > AFGHANISTAN REPORT
where officials seem more favourable to the are able to contact a Kuchi malik for identity idea and where the Population Registration verification. Department indicated that there was no problem for Jogi to get tazkera, and the provinces, where Secondly, Kuchis may obtain tazkera at either government officials are reportedly less open to their summer or winter locations, and their the idea of giving Jogi tazkera.57 tazkera thus list two different places of origin in accordance with the Law on Population Tazkera possession, Jogi vs. non-Jogi Registration.59
Thirdly, they must contact Kuchi maliks to verify identity. Even well-connected Kuchi leaders described identity verification by government officials or wakil-e guzars as not being an option.60
4.7 Children and youth
Key informants brought up age as a key variable in possession of civil identification and documentation on two fronts:
• The greater need of young people for documentation is so that they can attend Forthcoming research from People in Need school. One key informant noted that “youths found that 83 per cent of those Jogi who report are most likely to [be lacking] documentation having a tazkera actually have a Kuchi or nomadic and now they want to get them because they tazkera. The primary difference with these is the want to get education.”61 addition of a winter/summer place of residence.58 • The procedural challenges posed by Prejudice and the perception of Jogi as displacement put displaced youth at a higher non-Afghan further obstruct their rights risk of lacking civil documentation. to documentation. Demonstrating this discrimination, one respondent stated: Children form a disproportionate portion of Afghan refugees. In 2012, an estimated 64 “I think Jogi should not be allowed to get percent of the Afghan population in Pakistan was tazkera because they don’t have a particular between 5 and 14 years of age. Returnee children place and identification. It is not obvious are at particular risk of lacking certain forms of where they come from. Who are they? Why documentation, as those who were born abroad they come to Afghanistan?” may not have been registered at an embassy and are therefore not included in the civil registry. On The Kuchi, while not specifically targeted in average, host community members reported that this research, have an easier path towards 40 percent of boys under 15 and 33 per cent documentation as they do not face the same of girls under 16 had tazkera. These numbers challenges in being recognised as Afghan, and dropped significantly for both returneeand IDP an alternative procedure to the general one households: Only 29 percent of boys in returnee has been devised for their access to tazkera. It households, and 27 percent of boys in IDP and differs from that for sedentary populations in the returnee/IDP households had tazkera. For girls following ways: holding tazkera the numbers were even lower: 22 percent in returnee households, 18 percent Firstly, they have the option of completing most in IDP households and 14 percent in returnee/ of the tazkera process within the Independent IDP households. Directorate of Kuchi Affairs, although they can also chose to go through the Population Registration Department directly, as long as they
32 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
AFGHANISTAN’S YOUTH: A LEFT-OUT GENERATION Afghanistan’s displaced youth are a left-out category in terms of the assistance received. The main question is how they can be supported to contribute positively to future development. Previous research highlights the potential social explosion that will result from a lack of support.63 One key mode of support would be to ensure that youth have access to civil identification and documentation. Youth face clear limitations on their future when this is not the case: possession of documentation has a clear impact on, among other things, access to education and livelihoods. Displaced youth may thus find themselves in a situation in which they are unable to go abroad but do not have the documentation necessary to build a future in Afghanistan. This is particularly the case for young women, many of whom lack tazkera. Interventions on civil documentation should therefore have a particular focus on youth.
4.8 Rural-urban divide Qualitative interviews confirmed that those in urban areas are more likely to need Historically, rural areas have had lower rates of documentation. They are also more likely to be tazkera possession – of particular relevance to aware of the impact that lacking documentation IDPs, who primarily come from rural areas.64 has.67 Documentation can also be easier to obtain in urban areas, especially birth certificates and Percentage of host community members passports due to the nature of the procedures with tazkera, by type of location to obtain them. This suggests a clear need to support persons in rural areas in accessing civil documentation.
“There is a growing awareness on the importance of civil documentation in the urban areas and among educated people. For example in the cities the parents are more inclined to get a birth certificate for their children, this is also because medical facilities are closer. However in the rural areas the situation is still the same.” Key informant interview, UNOCHA, Kabul
Although no clear difference appears for “Private hospitals and hospitals in urban displaced persons, rural returnees are actually areas have started issuing birth certificates. slightly more likely to have tazkera than returnees But in the rural areas, most women still give in urban areas. This is not the case for host birth at home and birth certificates are still community members. Both male and female not very common.” host community members are less likely to have Key informant interview, UNHCR, Mazar-e-Sharif tazkera when living in rural rather than urban areas.65 This is of concern because should those host community members become displaced, they are likely to end up in cities as “the nature of displacement is mostly rural to urban.”66
NRC REPORT 33 NRC > AFGHANISTAN REPORT
4.9 Corruption in state institutions
Respondents mentioned personal connections and bribes as helping with – and in some cases even necessary to – the documentation process:
“If you do not have any relations in the Population Registration Department (PRD) you will face many challenges, for example, for a single signature they will say to come back the next day.” FGD, mixed displacement backgrounds, Balkh province “If you give money to the tazkera officers, they will do it very quickly, and if you do not pay it will take some days.” FGD, returnees, Balkh province “We were obliged to pay money, because they asked for a bribe, so I sold my earring and gave them money.” FGD, mixed displacement background, Kabul province
The passport office was noted as being the “cleanest” office, while the tazkera, with its requirement for a large number of signatures, poses significant potential for bribery requests.68
4.10 Civil registry technical challenges
The handwritten system for the civil registry lacks flexibility. For example, key informants reported challenges for returnees who had changed their names in Iran and Pakistan (frequently those with typically Sunni names) and then faced difficulties in proving their identity upon return because of the multiplicity of names and spellings on their documentation.69
34 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
5. THE IMPACT OF LACK OF DOCUMENTS
Taking a protection approach to documentation While some of the potential consequences entails moving beyond identifying the obstacles of the lack of documentation are well-known, in obtaining documentation to understanding its and can be avoided, the motivation to obtain effects and designing programmes accordingly. documentation is not always present and other To date, the inclusion of civil documentation in potential impacts are not understood until it is protection planning in Afghanistan’s humanitarian too late. As a result, it is important to ensure response has been limited. For example, in the that people understand the value of holding draft rapid assessment tools that the Protection documents before they face obstacles. Cluster will be using for IDPs, only tazkera are taken into account in the group level Population Movement Tracking form, and there is no mention 5.1 Women’s inheritance and marital of civil documentation in the first phase checklist.70 property rights
However, the UNHCR Handbook on Protection For women, marriage certificates and tazkera of Internally Displaced Persons identifies the are the two key documents necessary to secure lack or loss of documentation as a key protection HLP rights, which are primarily accessed through issue closely related to other displacement inheritance and marital property.73 Women are issues, such as: at particular risk of inheritance problems when they do not have the proper documentation. • Housing, land and property (HLP) rights Approximately 40 percent of all respondents • Livelihoods highlighted marriage certificates as crucial documents for women to possess in order to • Safety and security avoid being excluded from inheritance and mahr. • Access to food and safe water “The official registration of marriages in this • Access to public services country is still very rare, it is largely based on customary laws. In the case of divorce or death, • Community and social structures the rights of women for inheritance or for the • Discrimination, marginalisation or hostility custody of the children are always threatened.”72
Protection concerns relating to a lack of documentation Birth Marriage Death Passport Tazkera certificate certificate certificate
HLP rights
Livelihoods
Lack of access to public services
Loss of documentation
Possibility of discrimination, marginalisation or hostility
NRC REPORT 35 NRC > AFGHANISTAN REPORT
NRC´s report Strengthening Displaced official businesses. Women’s Housing, Land and Property Rights in Afghanistan75 identifies tazkera and marriage certificates as the two documents necessary to “The lack of identification documents will initiate a procedure before the statutory justice cause [one] to not be able to work in an system and allow women to successfully claim office […] The lack of documents will cause rights to land or any other property. you to not be able to launch a business, because you will need the authorisation “The marriage certificate [nekahnama] is licence.” Key Informant Interview, MOI quite difficult [to obtain] as well and that’s why many people only have the marriage contract [nekahkhat] which is not formally 5.3 Access to humanitarian aid recognised by the state institutions. That situation makes women very vulnerable and Overall, aid organisations reported that while they they have trouble in case of divorce and if officially require tazkera for their programming they want to claim their Mahr or inherit from to identify beneficiaries, in practice, they do not their husbands.”76 limit their programming to those with tazkera. The unofficial nature of this however sometimes complicates access to aid.
5.2 Access to livelihoods “We make it compulsory for beneficiaries Thirty-five percent of respondents with to have a tazkera, to check the veracity of documents and 19 percent of those without information they give us. It is really a big documents identified a lack of tazkera as posing headache for the humanitarian community: employment problems. However, in practice, the […] some people are claiming they are difference in employment rates between those displaced from another province: but we with tazkera and those without was limited. For can’t distinguish if they are from here or male respondents, 43 percent are employed, elsewhere. People can claim whatever they regardless of whether or not they have tazkera, want if they don’t have documents.” while for female respondents, 15 percent of Key informant interview, DACAAR those with tazkera and 12 percent of those without are employed. “Generally, the requirement is there that when you are enrolling a beneficiary on the The impact lies not in access to a job, but rather in programme, it is based on a kind of ID or the types of job for which respondents are eligible. tazkera. That is the only thing that shows According to the 2014 Registration of Population their identity. But that is the theory, and then Records Law, having a tazkera is a mandatory there is what we have on the ground. […]. pre-condition for government and NGO jobs. Key The requirement is that in an ideal situation informants confirmed this, and respondents noted people would have IDs – but reality is having had to support some employees to obtain different – you are going to locations where a tazkera in order to facilitate their employment.75 the target community 100 percent need the Other employers may be more flexible: programme – […] so you have to decide if you want to drop a whole group of people “The place where I was working asked for because of lack of tazkera.” tazkera and I didn’t have a tazkera. I told Key informant interview, NRC them that it is hard for me to get tazkera because of the distance, I cannot go there, 5.4 Access to health services and then they accepted my apology and didn’t fire me from my job.” Case study, displaced Lack of documentation presents challenges for man, Herat province access to health care in two ways. Some health facilities, especially government services, in practice require identification to treat people, Additionally, a lack of tazkera prevents setting up which many do not realise.76 However, no laws
36 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
could be found which stipulate this. In addition, returnee girls, underlining the need for these more complicated medical cases may require groups to be supported in accessing tazkera. travel to Pakistan or India, which is impossible without a passport. “There has been some progress with IDPs and returnees. Most of them had the opportunity to study in schools in Iran and 5.5 Access to education Pakistan but they have some difficulties to integrate their children at schools in “My children were asked for tazkera when they Afghanistan because they have no tazkera. were registering themselves at school” (FGD […] However, The Ministry of Education Returnees Herat). is trying to be more flexible and has given directives to the provinces to be less strict Tazkera and birth certificates are viewed as with the [displaced persons]”.78 important for education. Approximately one- third of all respondents stated that a lack of birth certificate prevented access to education for themselves, their children or their relatives, while 5.6 Access to other documentation nearly three-quarters said the same for tazkera. A “domino effect” can result from not having “It is very difficult to integrate into the education a tazkera. Without the tazkera to prove their system without documentation. The tazkera is a identity, Afghan citizens cannot, for example, very important document for this purpose. The get passports. Since a tazkera is a prerequisite school asks for the children’s tazkera or their for most other documentation as well as certain parent’s.”77 services, there is a clear cumulative effect to lacking a tazkera. Qualitative data confirmed that respondents were generally asked for tazkera when registering Both respondents with documentation and those children for school. without perceive the lack of tazkera (34 percent / 28 percent, respectively) and birth certificates (13 Respondents from an FGD with displaced persons in Kabul percent / 17 percent, respectively) as potentially preventing access to other documents. “My children were asked for tazkera when registering at school. […] Children can’t go to school if they don’t have tazkera.” 5.7 Freedom of movement “I have been asked for tazkera during the registration of my children at school, during The absence of a passport prevents legal distribution of voting cards and during movement abroad. This is especially important in distribution of assistance” the current displacement context. The head of Respondents from an FGD with displaced persons in Kabul the passport office stated that “the political uncertainty, unemployment and While a tazkera is not necessary to attend school increasing violence are big reasons to push in all cases – a number of children reported people to abandon their country in search of a attending school without possessing a tazkera – good life abroad. I haven’t witnessed anything there is a clear correlation between possession like it in the past decade.”79 of tazkera and school attendance. Two years ago, the passport office received 150 It was also noted that the tazkera requirement applications per day.80 Last year, this increased for education was easier to overcome for host to about 600 applications on average. This year, community children, as their families are known numbers have reached 4,000 applications per in the area. day.81 In Kabul it usually takes 10 days from date of application to receipt of a passport. However The impact of tazkera possession and school in the provinces it can take up to four months, attendance is strongest amongst IDP boys and which can also be due to corruption.82
NRC REPORT 37 NRC > AFGHANISTAN REPORT
“If you want to access the justice system you need identity documents, although For the displaced, this is of particular concern: maybe you can complain to the police when they do not have a tazkera, they cannot without a tazkera and then they check with access passports. Even when they do have the elders and the wakils.” a tazkera, they cannot necessarily afford the Key informant interview, DACAAR costs of passports. They are thus made even more vulnerable to insecurity and conflict if “If someone complains about another they cannot leave the country, one of their main person, the first document which needs to coping strategies. Forced into illegal methods of be presented by the plaintiff is the tazkera, migration, they are left to the mercy of smugglers and then we can proceed to solve the and unscrupulous offers to get them abroad. problem. In case if he/she has no tazkera we will ask for her/his father’s tazkera or someone else from their family.” 5.8 Political representation Key informant interview, Ministry of Interior
According to Article 6 of the 2013 Election Law, possession of tazkera is not mandatory to Without identity and civil documents, people are receive electoral cards, and indeed in previous more likely to use the customary justice system. elections many have voted without ID: As this has been shown to “often contravene applicable statutory and human rights law to the “Most of the people who don’t have a point of being extremely detrimental to women,” tazkera have voting cards, because the the protection concerns are clear.83 powerful people distributed voting cards without considering the tazkera because of Key informant interviews specifically noted the their own targets.” potentially negative consequences faced by Case Study, Displaced man, Herat province women. Without civil documentation, women are particularly at risk when it comes to the judicial system and inheritance or familial disputes.
5.9 Harassment from the authorities 5.11 Access to credit Forty-one percent of those with documentation and 14 percent of those without stated that a lack Lack of documentation limits access to credit – of tazkera could lead to increased harassment without identification, you cannot get loans from from the authorities. The gap between these two banks.84 Unofficial loans – quite frequent in the would suggest that perception may be stronger Afghan context – remain an option but may have than the reality. less favourable terms.
5.10 Access to justice 5.12 Achieving durable solutions
Accessing the statutory justice system requires The IASC Framework on Durable Solutions for identification documents. There is a specific Internally Displaced Persons defines durable place in the faisale mahkama (decision document solutions as having been achieved when the resulting from trial) for the tazkera numbers of persons concerned both parties to the dispute. “no longer have any specific assistance and protection needs that are linked to their displacement and can enjoy their human rights without discrimination on account of their displacement.”85
38 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
A number of criteria contribute to the attainment about recovering HLP assets as the allocation of durable solutions: of property or housing. The general reliance of organisations on identification documents has led • Safety and security to the exclusion of displaced vulnerable persons in need of help. UN Habitat’s LIVE-UP programme • Adequate standard of living (including access begins to address this but it is only a start. to vital services) Having identification and civil documentation is • Access to livelihoods also crucial from a social integration perspective. IDPs and returnees coming from different parts of • Restoration of housing, land and property the country or abroad may face more challenges in becoming part of the community than returnees • Access to documentation to their village of origin. Civil documentation, in allowing them access to services and rights, will • Family reunification help to support this.
• Participation in public affairs and Relocation
• Access to effective remedies and justice. With regards to relocation90, the restrictions on movement are the primary concern. Successful A lack of identity documents and civil relocation requires the ability to travel to the documentation poses challenges to different locale of relocation and reside there. Challenges aspects of durable solutions, as presented below. in accessing tazkera and/or passports may make this difficult. Return
In order to be able to claim housing, land and 5.13 Cycle of poverty from lack of property upon return, returning refugees and documentation IDPs must have documentation to prove their identities. This documentation is also necessary As access to documentation is heavily dependent to access services, such as education, if the on tazkera, and access to tazkera is heavily concerned persons have been displaced long dependent on relatives having tazkera, children enough that they are no longer recognised as of those without tazkera will likely find themselves “locals.”87 facing difficulties in accessing documentation. As noted above, the lack of civil documentation Local integration limits educational, employment and financial opportunities. Finally, the lack of educational, Local integration88 is particularly contentious in employment and financial opportunities makes it Afghanistan: more probable that those without documentation are likely to find themselves trapped in a cycle of “Local authorities generally fear either encouraging poverty, from one generation to the next. more of this type of migration, or fostering permanency for those that are already illegally occupying land, and thus prohibit upgrading dwellings or, except in rare cases, offering resettlement options. There is nevertheless a growing acceptance, in the wake of the IDP policy, that solutions to displacement will need to encompass local integration, as well as return and [relocation]/resettlement elsewhere, yet the means by which this is to be achieved are still a matter for debate.”89
The issue of land manifests differently with regards to local integration, as the problem is not so much
NRC REPORT 39 NRC > AFGHANISTAN REPORT
GENERATIONAL CYCLE OF POVERTY
Therefore, while at an individual level, the direct impact of lack of documentation may not always be readily apparent, the negative effects may become more obvious in the longer term.
5.14 Summary of the impact of lack of identity and civil documentation
IMPACT DUE TO LACK OF BIRTH CERTIFICATES, AS REPORTED BY RESPONDENTS WITH AND WITHOUT DOCUMENTATION
40 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
IMPACT DUE TO LACK OF MARRIAGE CERTIFICATES, AS REPORTED BY RESPONDENTS WITH AND WITHOUT DOCUMENTATION
IMPACT DUE TO LACK OF TAZKERA, AS REPORTED BY RESPONDENTS WITH AND WITHOUT DOCUMENTATION
NRC REPORT 41 NRC > AFGHANISTAN REPORT
6. KEY STAKEHOLDERS IN CIVIL DOCUMENTATION
The Government of Afghanistan (GoIRA) is the 6.2 Government of Afghanistan primary duty-bearer in issuing civil documentation. Other stakeholders intervene to provide technical Responsibility for civil registration, documentation and financial support and operational support and and identification rests with the Government, but coordination across Afghanistan. Although the is spread across several ministries: degree to which the lack of civil documentation has a negative impact varies greatly by type of The Deputy Ministry of Administration is document and individual profile, clear protection responsible for the issuance of the tazkera, concerns and marginalisation of IDPs, women, digitally and manually-produced passports, children and youth require a higher level of motor vehicle registrations, serial comma, and commitment and response. drivers’ licenses.
To date, few stakeholders provide this The Ministry of Interior has the following commitment and response. NRC’s ICLA responsibilities specific to displaced or migrant programme is one of the international efforts communities and civil identification: to directly assist persons in obtaining civil documentation. Several other actors, such as • Prioritising IDPs who do not have tazkera for UNHCR and IOM, have contributed significantly receiving the e-tazkera and authorising all to improving the quality of documentation and central and provincial departments of the DPR raising awareness around the challenges of to prioritize IDPs for issuance of the e-tazkera. obtaining it. Local NGOs have also conducted work on civil documentation, primarily to raise • Ensuring that information on how to obtain awareness on the importance of its function. an e-tazkera is widely disseminated in IDP communities and that such information targets A secondary group of stakeholders can be IDP women. identified who, while they do not directly engage with civil documentation issues, do address it • Modernising the record-keeping of its DPR and in the course of their programming and have centralising data in Kabul to minimise the need in some cases developed innovative adaptive for IDPs to travel and allowing for the issuance measures to avoid problems posed by a lack of of tazkera for IDPs in all provincial capitals. documentation. • Keeping tazkera fees low and allowing them to be waived in the case of vulnerable IDPs. 6.1 Stakeholder mapping
LEVELS OF STAKEHOLDER INVOLVEMENT IN CIVIL DOCUMENTATION
42 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
The mandate of the Ministry of Refugees and on returnees and internally displaced persons Repatriation (MoRR) is to provide legal support (IDPs) and related issues, such as land allocation. to the repatriated in their process of reintegration Information tracked in the database will include by taking measures to ensure legal protection the return of documented and undocumented for refugees, returnees and IDPs in related Afghans from Iran, Pakistan and other countries; administrations. Examples of interventions include the location and status of IDPs; and information assistance for access to land as well as civil on the allocation or construction of permanent documentation. The legal protection directorates shelters for returnees, as well as livelihood located in every province are specifically dedicated opportunities. Additionally, IOM supports the to considering any types of legal claims made by GoIRA in issuing modernised documentation: refugees, returnees and IDPs. machine readable passports and visas through APIS/AVIS and tazkera through the e-tazkera In cases of document loss, the MoRR together project (for which the EU and USAID are the key with the Ministry of Justice (MoJ): donors).
• Reviews laws, rules and regulations to analyse UNHCR has funded projects supporting civil what obstacles exist to their replacement, and documentation, such as an NRC ICLA project, to support IDPs and returnees with transportation • Recommends necessary measures, including to their place of origin to obtain required civil amending legislation and regulations, to documentation. ensure that IDPs are issued with documents necessary for the enjoyment and exercise of The Danish Refugee Council (DRC) has their rights. several training, advocacy, information-sharing and legal counselling programmes. Although Given the reported governmental stakeholder the legal counselling programmes do not focus capacity and information issues, these ministries on civil documentation specifically, DRC has are a key focus of future programming on conducted awareness campaigns specifically on civil documentation. Ensuring that staff at the the importance of civil documentation. document-issuing levels of the administration have a clear understanding of the procedures will already prove a strong step forward. 6.4 Local NGOs and CSOs This could also prove a useful entry point for implementing the National IDP Policy, which Several Afghan NGOs have organised awareness although approved has not yet progressed much campaigns and training on civil documentation: further in the implementation. Women for Afghan Women (WFAW) organises public awareness campaigns about 6.3 International organisations the importance of civil documentation, especially marriage certificates. While there are a number of international organisations and NGOs present in Afghanistan, Medica Afghanistan trains lawyers, judges few deal directly with civil documentation. and police on civil documentation.
NRC’s ICLA programme is a key player on Da Qanoon Ghushtonky (DQG) provides free this front, addressing civil documentation while legal representation in both criminal and legal delivering assistance to internally displaced cases and mobile legal clinics, but does not have persons (IDPs), refugee-returnees and other a specific focus on civil documentation. displacement-affected populations to overcome legal and protection obstacles towards durable HELP organises awareness campaigns about solutions. NRC has several activities specifically the importance of civil documentation. dedicated to civil documentation.
IOM supports the MoRR in developing a comprehensive database to record information
NRC REPORT 43 NRC > AFGHANISTAN REPORT
6.5 Key programmes and financial support addressing civil documentation91
PROGRAMMES/SUPPORT
Organises awareness campaigns on the importance of civil documentation. BPRM Developed a curriculum to provide information on the procedures of access to civil documents and distributed brochures and leaflets.
Runs mobile legal clinics in a number of provinces in order to increase Da Qanoon awareness of legal issues, which can include provision of information on Ghushtonky civil documentation.
Offers legal counselling and legal assistance focused especially on DRC cases of inheritance, divorce and civil documentation.
EU Supports and funds the e-tazkera project.
Organised awareness campaigns about the importance of civil HELP documentation.
Supports MoRR in launching a database to record vital information on displaced persons and related issues.
Works with GoIRA on APIS/AVIS project (Afghanistan Passport Issuing IOM System and Afghanistan Visa Issuing System) to introduce machine readable passports and visas.
Provides technical, operational and targeted capacity support to the MoI for the implementation of the e-tazkera.
Provides advisory programmes on marriage registration to police, Medica mullahs and lawyers.
Undertakes awareness-raising activities about the importance of the MoWA tazkera for women and children and on the procedure for obtaining the document.
Through the ICLA programme supports individuals in accessing civil NRC documentation and land titles, and provides legal counselling.
Has instituted shelter programming which allows for distribution of UNHABITAT shelters without documentation, as this does not focus on getting permanent land titles.
Has provided financial and technical support for five encashment centres offering various services to returnees, including distribution of cash grants, UNHCR basic health care, legal advice and counselling, and financial support to the NRC ICLA projects supporting beneficiaries in returning to their place of origin to obtain civil documentation.
USAID Supports and funds the e-tazkera project
Women for Afghan Conducted public awareness campaigns about the importance of civil Women documentation especially the marriage certificate.
44 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
7. KEY PROCESSES
Several updates to civil documentation counterfeit than the many existing forms of paper procedures are being or have recently been tazkera. However, a number of issues have yet to implemented. be resolved and are holding up implementation of the project, as set out below:
7.1 Issuing machine-rolled passports Terminology
To combat fraud and facilitate travel abroad, in While the population law governing the e-tazkera 2012-2013 the Government of Afghanistan was adopted with provisions for the inclusion of began to issue digital visas and computerised nationality on the card, stakeholders have yet (i.e. digital and scanable) passports.92 Prior to agree on the nomenclature to be used. The to this, all passports were filled out manually. debate primarily concerns the use of nationality: In 2014, the head of the passport department “Afghan” to some correlates with specific noted that this posed fraud and corruption ethnicities. This issue has become extremely challenges.93 In fact, the UAE have implemented sensitive and there are fears that using the a new visa policy for Afghans due to the many designation of nationality (“Afghan”) could result problems with fraudulent passports.94 in de facto identification of ethnicity: If “Afghan” is taken to mean “Pashtun”, some have argued IOM has assisted the government in imple- that other groups in Afghanistan should not menting machine-rolled passports and visas. have “Afghan” written on their card, but rather However, there are many diverse challenges their own ethnicity. This in turn could facilitate including broken printers and the fact that the discrimination. Donors have been categorically UAE, at one point, stopped accepting Afghan opposed to any reference to ethnicity on cards, passports because of the possibility of double in line with most national identity cards across printing. The goal is to shift to electronic pass- the world. ports with biometric information.95 Creation of an effective identity verification process 7.2 Moving towards the e-tazkera Work is ongoing to establish a process to verify The provision of an electronic form of identification identity in the absence of paper tazkera. The – the e-tazkera96 – is something that has been EU has suggested flexibility for those who don´t underway since 2009, initially through a private possess paper tazkera, including IDPs. company (via the Ministry of Communication and Information Technology) and now through Delimitations of boundaries the international community. The European Union and USAID are both scheduled donors As the tazkera pilot will be implemented in to this project, while IOM has taken the lead on specific areas of Kabul and linked to the creation project implementation. Originally due to have of a voter registry, the exact boundaries of completed the pilot phase in 2014, the project is districts are contentious. currently frozen, awaiting its start.97 An abundance of stakeholders The e-tazkera project was begun in order to develop a more streamlined, accurate and Originally under the MICT, then the MoI, the lack corruption-proof version of identification, with of a supra-ministerial entity to coordinate the prevention of electoral fraud as the underlying work has led to friction. motivation. It follows the recognition that existing tazkera are easy to falsify. The biometric information on the card will be more difficult to
NRC REPORT 45 NRC > AFGHANISTAN REPORT
Technical challenges
The enrolment centres will require strong internet connectivity and the ability to link up to the electronic registry.
Project timeline
The project is currently on hold while the above issues are being resolved. A pilot programme, although not yet finalised, has been planned. This would provide coverage to a number of people in Kabul, beginning with community mobilisation to collect information on those to be registered, which would then be validated and followed by visits to the enrolment centres to collect biometric information. This three-month pilot will provide basic information on timings and challenges which would then have to be tested in different cities and non-urban contexts.
7.3 Digital records
IOM supports the GoIRA, with a component of EU funding, closely linked to the rest of its documentation initiatives. A small team, within the e-tazkera team, is helping the PRD to digitalise tazkera records, working from the set of records currently located in Kabul. This will alleviate reliance on paper archives, especially useful given the current situation of instability, to avoid losing further records and to enable faster identity verification processes.98
46 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
CONCLUSIONS AND KEY RECOMMENDATIONS
Mapping existing initiatives supporting civil programme. This avoids the exclusion of documentation needs in Afghanistan raises especially vulnerable groups. It also prevents several points: on-the-ground realities from going against programme regulations. • Except for NRC, most programmes on civil documentation focus on awareness-raising. To date programming has focused on more urban areas yet, host community members of • Funding for direct programming on civil rural areas are most likely to lack documentation. documentation is limited by the perception of Expanding awareness-raising and capacity civil documentation as a secondary concern. building activities to more rural areas is necessary to target those lacking documentation • The Government is the primary actor and those with less understanding of how these for ensuring positive changes in civil procedures work. documentation. Coordination is lacking between different • More attention should be paid to addressing ministries issuing documentation. Digitalising and lack of civil documentation in programmes sharing registries would minimise identification generally, in addition to those specifically challenges and facilitate civil documentation focused on it. procedures.
At a time of increasing insecurity, forced Programming gaps displacement and humanitarian and access challenges, civil documentation is a priority as Lack of support for civil documentation it can affect many areas of displaced people’s procedures is a clear programming gap in lives. This includes freedom of movement, work, organisations working with protection, given education, livelihoods and businesses, as well as the impact of the lack of documentation. NRC access to much-needed assistance. remains the only international organisation with a specific focus on it. Women in particular are Civil documentation also holds the key to particularly vulnerable to being excluded from addressing vulnerabilities specific to age and accessing documentation and would benefit gender groups and, hence, ultimately building from additional support to address cultural a foundation for a stronger future for younger challenges in civil documentation procedures. generations. The right to recognition before the law, the right to nationality and the right to birth Awareness-raising is not enough and can cause registration are nationally and internationally logistical issues. The lack of capacity on the recognised fundamental human rights. In order “supply” side of the civil documentation issuer for these rights to be implemented, access to – understaffed or undertrained government civil registration, documentation and identification departments – means that a significant increase processes is fundamental. To make possible in demand following awareness-raising would other economic, political and social rights, the result in difficulties in actually obtaining the entire population, in particular vulnerable and documentation. This, therefore, requires concurrent marginalised groups, must have access to civil training and support at the governmental level. documentation.
It is necessary to address problematic civil documentation requirements in programmes, for example through UN-HABITAT’s LIVE-UP
NRC REPORT 47 NRC > AFGHANISTAN REPORT
This research underlines that: Amongst these are unclear processes for documentation, capacity gaps at the local and A lack of documentation has a clear, pernicious national level, a worsening security situation, impact on the lives of those concerned, whether increasing displacement, and administrative displaced or not, helping to keep many in cyclical practices which can result in discrimination poverty and posing clear protection challenges against women and vulnerable groups. that will span generations. The long-term potential of those without civil documentation is The GoIRA, along with national, international permanently constrained, as their educational, and local organisations, can prompt change employment and other choices are limited. in both attitudes towards civil registration and Durable solutions for displaced persons are procedures to obtain documentation, as detailed made difficult, if not impossible, as land access in the following recommendations. and political rights are also diminished.
So far insufficient attention has been paid to RECOMMENDATIONS strengthening access to documentation for displaced populations. Whether return, local integration or relocation to another part of the Access to Tazkera for displaced persons country, durable solutions to displacement outside their place of origin require strengthened documentation as a gateway to a range of rights and as a gateway Displaced persons should have the option to to a more secure future for women, children and submit their applications for a tazkera without youth. returning to their place of origin. The following actions should be taken: The Afghan government has taken several steps towards improving civil registration, 1. The Government should establish a system documentation and identification. The National of communication between offices to verify IDP Policy, developed in 2014, identifies the identity of an applicant to enable the documentation challenges faced by vulnerable application of a tazkera outside of their groups such as displaced persons and provides a place of origin or Kabul. This would facilitate roadmap. The new National Priority Programmes applications by displaced persons in their include a Citizen Charter, as proposed in the nearest registration office, without having to London conference paper Realising Self- return to their place of origin or Kabul. Reliance. This Charter represents a formal agreement between the government and its 2. The Government should establish more citizens about “the services, and the standard of offices where displaced persons can apply service, that will be delivered by the Government for tazkera. to its people.”101
These encouraging signs of political will, Equality in Access to Tazkera for Women however, must be followed up with concrete action and the implementation of these policy In 2010 there was a positive change in the law, documents. To date, these documents have eliminating the requirement for women to bring remained in the realm of policy. There should male witnesses to renew their tazkera. However, be a common understanding, as well as in some regions women are still asked to bring commitment by all, political decision makers, to male witnesses. In order to ensure implementation tackle the challenges. This should be followed by of the law, the following actions should be taken: close coordination between relevant legislative institutions combined with the mobilisation of the 3. Humanitarian and development organisations necessary human and financial resources. working on civil documentation should include this information in awareness-raising At the moment, citizens seeking to obtain civil initiatives. The Government should endeavour documentation, as well as organisations willing to ensure compliance with the procedures in to support them, face informational, practical, all regions of the country. programmatic and operational challenges.
48 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
Access to tazkera for IDP women costs for tazkera applications and renewals
Only 21 percent of IDP women hold a tazkera compared with 44 percent of host community Access to tazkera for Afghan refugees women and 54 percent of returnee women. abroad Therefore, IDP women should be prioritised for support in the following ways: The application procedure for those applying for tazkera outside Afghanistan is complex and 4. Organisations working with IDPs should often very lengthy. In order to promote access incorporate support for women to access to tazkera for Afghans outside Afghanistan the tazkera within their programmes; including following actions should be taken: awareness-raising, counselling and representation. 10. Afghan embassies should establish a coor- dination mechanism with the MoRR and 5. Humanitarian and development organisations Ministry of Foreign Affairs to streamline the should consider initiating programmes to offer process for tazkera applications from abroad. direct support to IDP women to access tazkera. They should also undertake awareness-raising 11. International organisations should explore activities. ways to support tazkera applications by Afghans abroad.
Access to tazkera for children to complete education Access to birth certificates for Afghan refugee children abroad 6. Organisations working with IDP and returnee children should support their access to 12. The Government should establish a regional tazkera as an integral aspect of programmes. coordination mechanism to facilitate access to birth registration for the growing numbers 7. The Ministry of Education and Directorates of Afghan children born in exile. of Education in provinces should not require tazkera for enrolment in education. Primary 13. International organisations working with education should be accessible for all. Afghans abroad should raise awareness of the requirement to report the birth of their children to the Afghan embassy/consulate Access to tazkera for the most vulnerable within three months, as stated in the Law of individuals Population Registration of Afghanistan.
The study found that households with one or more vulnerabilities were significantly less Addressing the protection gap in civil likely to have tazkera. In order to support these documentation households the following actions should be taken: The study found that the lack of support for civil documentation procedures constitutes a 8. The Government should institute a waiver programme gap in humanitarian response among scheme for tazkera applications and renewal organisations working with protection, given the fees for the most vulnerable households, as severity of the impact of a lack of documentation set out in the IDP Policy (Section 6.3.2 (h) on displaced Afghans. and (i)).
9. Humanitarian and development organisations should consider offering transportation grants to vulnerable families to alleviate travel
NRC REPORT 49 NRC > AFGHANISTAN REPORT
The Afghanistan Protection Cluster 19. Humanitarian and development actors should therefore: should provide training to government agencies, improving their understanding 14. Coordinate initiatives on civil documentation of the law and increasing their ability to to promote a more efficient use of funding carry out the necessary procedures for civil and resources responding to the needs documentation. identified in this report. This could be done by convening bi-annual meetings with the 20. As part of the efforts to support Afghanistan’s government bodies concerned, to monitor achievement of the Sustainable Development progress on the recommendations of this Goals, UNDP and other actors should report, as well as the relevant provisions of provide direct sustained support to the the IDP Policy. relevant government institutions to meet SDG 16.9: By 2030 provide legal identity 15. Coordinate awareness-raising initiatives on for all, including birth registration. access to tazkera, specifically targeting IDP women, children, vulnerable households and displaced persons in rural areas. Implementing the National IDP Policy
16. Encourage those working on awareness- The National IDP Policy, developed in 2014, raising initiatives to include publicity on identifies documentation challenges faced by which steps to take and the cost of the vulnerable groups such as displaced persons procedures so as to reduce corruption and and provides a roadmap to address these bribery. consistent with the issues outlined in this report. Currently, the modified procedures detailed in 17. Liaise with other clusters/sectors to identify the National IDP Policy for civil documentation programme initiatives to address specific have not been enshrined in legislature. civil documentation issues arising in Shelter, Food Security, etc. At a minimum, potential 21. The Government of Afghanistan should beneficiaries who lack civil documentation implement the National IDP policy. In should be assisted to obtain the necessary particular, the relevant authorities should documents in order to prevent their exclusion take steps to implement the provisions from humanitarian assistance. relevant to civil documentation as set out in section 1.2. 18. Raise funds specifically for direct programming to access civil documentation, such as the provision of legal assistance and other measures to overcome specific barriers for women and the most vulnerable displaced/returnees.
Building the capacity of government
The study found that the lack of capacity on the “supply” side of civil documentation – understaffed or undertrained government departments – means that a significant increase in demand following awareness-raising would result in difficulties in actually obtaining the required documentation. This therefore requires capacity-building and support for the government bodies responsible. The following actions should be taken:
50 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
BIBLIOGRAPHY
IDMC/NRC (2014), Still at Risk: Security of Tenure and the Forced Eviction of IDPs and Refugee Returnees in Urban Afghanistan
IDMC/NRC (2015), Afghanistan: New and Long Term IDPs Risk Becoming Marginalised as Conflict Intensifies
NRC, NRC Programme Policy
NRC (2014), Information, Counselling and Legal Assistance (ICLA) Programme Evaluation
NRC (2014), Strengthening Displaced Women’s Housing, Land and Property Rights in Afghanistan
Samuel, Hall (2012), Challenges of IDP Protection in Afghanistan, commissioned by NRC/IDMC/ JIPS
Samuel, Hall (2012), Jogi and Chori Frosh Communities: A story of Marginalisation, commissioned by UNICEF
Samuel, Hall (2012), Sustaining the Momentum: An Assessment of the Current Situation of Women in Afghanistan, commissioned by the World Bank
Samuel, Hall (2013), Multi-sector Assessment in High Returnee and IDP Locations in Eastern Afghanistan, commissioned by ChildFund Afghanistan
Samuel, Hall (2014), Gender and Justice Study: Obstacles to Justice, commissioned by the World Bank
Samuel, Hall (2015), Agency and Choice Among the Displaced: Returnees’ and IDPs’ choice of destination in Afghanistan, commissioned by DACAAR
Brookings-Bern Project on Internal Displacement (2010), Realizing National Responsibility for the Protection of Internally Displaced Persons in Afghanistan: A Review of Relevant Laws, Policies and Practices
Central Statistics Organization (CSO) and UNICEF (2012),Afghanistan Multiple Indicator Cluster Survey 2010-2011: Final Report, Kabul, Afghanistan
Gossman, Patricia (2013), Documentation and Transitional Justice in Afghanistan, for the United States Institute of Peace (USIP)
Ministry of Refugees and Repatriation, Government of the Islamic Republic of Afghanistan (2013), National Policy on Internally Displaced Persons
Refugee Documentation Centre, Ireland, Legal Aid Board (2012), Information on Afghan IDs Tazkera
Schmeding, Annika (2015), Opportunities at the Margin, commissioned by People in Need (PIN)
The Liaison Office (TLO) (2013), An Exploratory Study of Afghan Tazkera Ownership
UNHCR (2006), Refugees: Master Glossary of Terms, Rev. 1, Geneva, Switzerland
UNICEF (2010), Children on the Move: a Report on Children of Afghan Origin Moving to Western Countries
NRC REPORT 51 NRC > AFGHANISTAN REPORT
ANNEXES
I. Methodological framework
The tools used in this research were designed to answer the following three key research questions:
What is the access to and prevalence of different types of civil documentation (tazkera, birth certificates, marriage certificates) amongst displaced people and other vulnerable groups?
What, if any, impacts does lack of civil documentation have on the people concerned? How do these differ by type of person and type of civil documentation?
What are current approaches to addressing lack of documentation and how can these be improved?
Target groups
In order to identify the prevalence of the lack of documentation and the causes to which it can be attributed, this research followed a comparative assessment at two levels, gathering reliable statistical data from the field:
Displacement-affected populations
This group will include NRC’s target groups of internally displaced persons, refugee returnees and other displacement-affected populations. This research will aim at measuring the variations in access to documentation and the impact this has on target persons by key factors (including, but not limited to, age, gender, ethnicity, type of displacement and type of current location).
Between displacement-affected populations and host community members. This assessment will serve to provide a community-based analysis of documentation issues and to confirm the impact of displacement in accessing civil documentation.
52 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
Sampling for the fieldwork and post-fieldwork analysis underscored the importance of one key question for NRC and other organisations: when does displacement end? UNHCR defines host communities as “communities that host large populations of refugees or internally displaced persons, typically in camps or integrated into households directly.”100 Indeed, host communities are often defined in opposition to other groups – they are those are not been displaced. However, the vast majority of Afghans have, at some point in the past, been displaced. Therefore, stating that host community members must be people who have never left the location of research would have a) drastically limited “host community” members and b) excluded those who might have briefly lived abroad, for example, thirty years ago. It would not be contextually relevant. In practice, NRC staff in the field reported using a modified different definition – using time since return as the most relevant cut off to differentiate between “formerly” displaced persons and “currently” displaced persons. Based on this conversation, it was agreed that this cut off generally corresponded to twenty years. A second look was taken at all cases where the time since displacement ranges from 16-23 years. In these cases, classification as returnee/IDP/host community will be done using additional variables, namely, whether or not this is their province of origin, and what type of community it is – researchers identified each community as “host,” “IDP,” “returnee” or “mixed.” The lack of clarity around how to define host communities versus displaced persons poses clear programmatic challenges: when programme objectives and outcomes are built around host community and displaced person targets, lack of consistent methods of identification will lead to results which vary from team leader to team leader. It also, importantly, makes it difficult to come to conclusions about the needs of each community, given the fuzzy boundary between them, and identify durable solutions.
Fieldwork overview
The final methodology used was the one proposed and approved in the Inception Report: a mixed- methods approach combining quantitative and qualitative information to triangulate results from a multitude of sources. The research team has successfully completed all the quantitative fieldwork and is finalizing qualitative fieldwork.
Samuel Hall teams conducted training and research from 22 August 2015 to 2 September 2015 in the provinces of Balkh, Herat and Kabul. In each province, fieldwork was centred around the provincial capitals – Mazar-e-Sharif, Herat, and Kabul – spreading outwards to include urban, peri-urban and rural areas. A minimum of three Primary Sampling Units (PSUs) were visited per type of location. PSUs were selected to include both returnees and IDPs amongst the displaced people.
Researchers interviewed both host community members and displaced persons. In cases when a community was solely made up of displaced persons, host community members were selected from the nearest non-displaced community.
Enumerators were trained in Kabul with the help of an international consultant and team leaders. Fieldwork in Kabul was completed in three days and included an additional group of interviews with Jogi to collect indicative information on the specific challenges they may face.101 The 20-enumerator team then split into two, with half of the interviewers going to Balkh province and the others to Herat province. Each team consisted of five male and five female enumerators. In each province, five days of fieldwork were completed. The team leaders were assisted by one female enumerator in conducting case studies and focus group discussions.
Key informant interviews were conducted both in person and on the phone by two international consultants and a legal researcher.
NRC REPORT 53 NRC > AFGHANISTAN REPORT
Quantitative survey: 1,240 completed
The initial target for this portion of the research was of 1,200 surveys. 1,208 were completed towards the targets specified. The additional surveys conducted by the Samuel Hall team include a sample of 32 Jogi households specifically targeted in Kabul to allow for a high-level overview of the particular situation they face.
The sample was further divided in each province between urban, peri-urban and rural locations to enable sufficient sample to compare these types of location. Due to time constraints (researchers were limited in the number of PSUs which could be visited each day), the research team prioritised host community/displacement targets over location type targets.
QUANTITATIVE FIELDWORK COMPLETED Province Displacement-affected persons** Host community members** Total
Urban Peri-urban Rural Urban Peri-urban Rural
Kabul - target 80 80 80 53 54 53 400
Kabul - completed 81 77 83 50 58 51 400
Balkh - target 80 80 80 53 54 53 400
Balkh - completed 84 78 82 52 56 53 405
Herat – target 80 80 80 53 54 53 400
Herat - completed 81 82 86 52 54 48 403
Total - target 240 240 240 159 162 159 1200
Total completed 246 237 251 154 168 152 1208
** An additional 32 interviews were conducted amongst Jogi households living in an urban community in Kabul. The displaced persons interviewed included returnees, IDPs and households displaced both abroad and internally.
Focus group discussions: 9 completed
Three focus group discussions were conducted in each province, one with male host community members, one with displaced men and one with a mix of displaced and host community women. The focus group discussions inquired about respondents’ understanding of civil documentation and its importance, the processes used to obtain civil documents and the impact of lacking these. Finally, they also inquired about the way to support people in acquiring civil documentation
Case studies: 12 completed
To date, four case studies have been conducted in each province, one each with a displaced man and woman, one with a host community members and one with a beneficiary of NRC assistance around civil documentation. These went into more depth than the FGDs in terms of the processes around getting civil documentation, and who should be eligible for it. As initially Samuel Hall only received contacts of legal counselling beneficiaries, case studies with legal assistance beneficiaries are being conducted over the phone.
54 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
Community leader interviews: 12 completed
Four community leader interviews were conducted in each province, with a minimum of one each with a displaced community leader and host community leader. In addition to inquiring about access to civil documentation and its impact, these considered community leader understanding of the legal frameworks governing civil documentation.
Key informant interviews (KIIs): 45 completed
A full list of KIIs can be found in Annex 0. These targeted a range of government, NGO, UN and legal stakeholders. Three separate questionnaires were developed, one for government stakeholders, one for UN/NGOs, and one for legal stakeholders (such as judges and lawyers).
QUALITATIVE FIELDWORK COMPLETED Province Kabul Balkh Herat Total
FGDs - target 3 3 3 9
FGDs - completed 3 3 3 9
Case studies - target 4 4 4 12
Case studies – completed 4 4 4 12
Community leader interviews - target 3 3 3 9
Community leader interviews - completed 4 4 4 12
Key informant interviews – target 45
Key informant interviews – completed 45
KEY INFORMANT INTERVIEWS ORGANIZATION POSITION LOCATION
AIBA Regional manager Balkh
GIZ Team Leader IDP Project
MoJ Head of Justice
UNHCR Associate Protection Officer
AIBA Member Herat
CRP Manager of Commandment Recording Populations
HELP Program Director
Herat University President of the law faculty
MOJ, Court of Appeal Judge, Director of personal status
MOJ, Family Court Judge/Head of Family Court of Herat Province
MoJ, Family Court Judge
NRC Community Liaison Officer
AIHRC Commissioner Kabul
NRC REPORT 55 NRC > AFGHANISTAN REPORT
BORDA Country head Kabul
Chiki law organization Consultant to educational programs
DACAAR Head of programs
DQG Head of Mission
DQG Deputy Director
DRC Protection and Advocacy Manager
INLC Lecturer
IOM Project Support Officer
JFAO Judge/Lawyer
MOI Head of Human Rights Department
MRDD Senior National Programme Officer
NRC AUP Program manager
NRC ICLA Deputy
NRC Community Liaison Officer
NRC Deputy Education
PIN Head of programs
President Misbah Legal Service Consultancy
RLS-1 Justice Associate
The World Bank Social Protection Specialist
TLO Head of Research
UNHABITAT Program Manager: LIVE-UP
UNOCHA Humanitarian Affairs Officer
UNOCHA Humanitarian Affairs Officer
US Embassy Refugee Coordinator
US Embassy Refugee Specialist
WFAW Kabul Office Manager
OHW South Program Coordinator Kandahar
AIBA Defense Lawyer Nangarhar
MOJ, Civil Court Head of civil court Nangarhar
MOJ, Criminal Court Judge Nangarhar
NRC (former) Senior Legal Counselor Nangarhar
PIN associated Researcher USA
56 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
II. Stakeholder mapping
The table below provides further details on the stakeholders involved with civil documentation.
ORGANISATIONS MANDATE WORK ON CIVIL DOCUMENTATION
GOVERNMENTAL INSTITUTIONS
The Ministry of The MORR has five top The legal protection directorates Refugees and priorities: consider any types of legal claims Repatriation MORR made by Refugees, returnees and Support voluntary and gradual - Directorate of IDPs in the capital and within the repatriation Legal protection provinces. Additionally, the directorate Provide legal support to the has the following obligations related repatriated, for example with to civil documentation: regards to land ownership Support returnees and IDPs in case Offer solutions on employment their lands are occupied or captured. and vocational training, initial Consider complains of returnees, support to re-integration solving their disputes over the Build staff capacity properties thorough special courts and reclaiming of their properties Establish and build of basic based on decree No. 89 of president. infrastructures such as: health clinics; schools; bridges and Taking measures to ensure legal culverts; water resources; protection for refugees, returnees roads; and other essential and IDPs in related administrations. needs in residential areas of Taking measures for finding legal repatriates in close cooperation solutions for (Refugees, Returnees, with government related and IDPs) in related administrations International organizations. in negotiation with Planning and International relations. Taking measures to put in effect decree No. 297 of president of Islamic Republic of Afghanistan and control over the implementation of other legal documents related to (Refugees, returnees and IDPs in the capital and all over the country). Address to issues of asylum seekers and immigrants by negotiation with other administrations of the Islamic Republic of Afghanistan. With regard to the loss of civil documents, MoRR together with the MoJ
NRC REPORT 57 NRC > AFGHANISTAN REPORT
Reviews laws, rules and regulations to analyse what obstacles exist to their replacement; Recommends necessary measures, including amending legislation and regulations, to ensure that IDPs are issued with documents necessary for the enjoyment and exercise of their rights. Recommends that relevant national, provincial and district offices be instructed by the Ministry charged with this matter to facilitate the issuance of new documents or the replacement of documents lost or destroyed in the course of displacement, without imposing unreasonable conditions.
The Ministry of Regulates law enforcement Among its responsibilities, the MoI is Interior (MoI) in Afghanistan and maintains to: the Afghan National Police, Prioritise IDPs who do not have Afghan Special Narcotics Force, tazkera for receiving the E-Tazkera Counter Narcotics Police of and authorise all central and Afghanistan, and the Afghan provincial departments of the DPR to Public Protection Force. It do so. also supervises the General Directorate of Prisons and Ensure that information on how Detention Centres (GDPDC). to obtain an E-Tazkera is widely disseminated in IDP communities, along with explanations about its importance, in all languages spoken by IDPs. Ensure that such information targets IDP women, as only a small percentage of Afghan IDP women have a tazkera. Modernise the record-keeping of its DPR and centralize in Kabul data that is currently only held in provincial capitals, so that it is not necessary for IDPs to travel to their home provinces to verify their identity, as this is expensive and can be both difficult and dangerous. It will also ensure that the new system allows for the issuance of tazkera in any provincial capital.
58 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
Consider alternative forms of proof of identity for applicants (e.g., sworn testimony from an elder, a religious leader, a medical doctor). Waive tazkera fees for the very vulnerable IDPs
The Ministry of Ensure that Afghan women’s The MoWA is to undertake Women’s Affairs legal, economic, social, political, awareness-raising activities about the (MoWA) and civic rights, including their importance of the tazkera for women right to be free from all forms and children and on how to obtain of violence and discrimination, these documents. are respected, promoted and fulfilled.
The Ministry of Provides services for persons MoLSAMD is to cooperate with Labour, Social with disabilities and the families MoWA, MoI and MoBTA to make Affairs, Martyrs of Martyrs. sure assistance is given to separated, and Disabled unaccompanied or orphaned IDP MoLSAMD has three critical and (MoLSAMD) children to obtain tazkera, and to interdependent areas of activity: members of certain vulnerable 1) Security groups, notably the Kuchi, Jogi and Chori Frosh. 2) Governance, Rule of law and Human Rights 3) Economic and Social Development
The Ministry of Supports and represents the MoBTA to cooperate with MoWA, Borders and Tribal needs and concern of the tribes MoLSAMD and MoI to make sure Affairs (MOBTA) and border communities of the assistance is given to separated, country. unaccompanied or orphaned IDP children to obtain tazkera, and to members of groups such as Kuchi, Jogi and Chori Frosh.
INTERNATIONAL ORGANIZATIONS and DONORS
European Union Plays an active role in efforts to Supports and funds the e-tazkera consolidate peace, stability and project rule of law.
United State Generally works to end extreme Supports and funds the e-tazkera Agency for global poverty and enable project International resilient, democratic societies to Development realize their potential.
NRC REPORT 59 NRC > AFGHANISTAN REPORT
Danish Refugee Provides direct assistance to Bureau for Population, Refugees Council conflict-affected populations – and Migration (BPRM) funded by the refugees, internally displaced US Embassy organizes awareness people (IDPs) and host campaigns on the importance of communities in the conflict areas civil documents. They developed of the world; and advocates a curriculum to inform about the on behalf of conflict-affected procedures of access to civil populations internationally, documents and distributed brochures and in Denmark, on the basis and leaflets. of humanitarian principles and Offers legal counselling and legal the Human Rights Declaration. assistance programming focused Supports durable solutions, especially on cases of inheritance, including voluntary repatriation, divorce and civil documentation. local integration or resettlement. Internationally, DRC actively Runs an advocacy programme with participates in supporting the the government in favour of IDPs. protection of refugees, and promoting durable solutions for conflict-affected populations.
Health, Education Encourages the efforts of HELP has organised awareness and Literacy communities affected by campaigns about the importance of Program catastrophes and political civil documentation upheaval, while strengthening their capability to improve their living conditions and long-term perspectives.
International Promotes debate among key IOM has supported the MoRR in Organization for stakeholders on all aspects of launching a comprehensive database Migration (IOM) migration and issues related to that will be used to record vital it. information on returnees and internally displaced persons (IDPs), and related Analyses policy gaps with issues, such as land allocation. IOM regards to migration and will provide the necessary hardware considers linkages to other and software for the implementation global issues. phase. IOM has developed the business process for collecting initial information from the four main border provinces of return. This will be followed by establishing the information management system in nine provinces of high return, where the focus will be on reintegration information.
60 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
Information tracked in the database will include the returns of documented and undocumented Afghans from Iran, Pakistan and other countries; the location and status of IDPs; and information on the allocation or construction of permanent shelters or townships for returnees, as well as livelihood opportunities. Afghanistan Passport Issuing System and Afghanistan Visa Issuing System (APIS/AVIS): through the APIS/ AVIS project, IOM is working with the Government of Afghanistan to introduce Machine Readable Passports and Machine Readable Visas compliant with international standards. Electronic National ID Card (e-tazkera): IOM is providing technical, operational and targeted capacity building support to the Ministry of Interior for the implementation of a biometric, polycarbonate Electronic National ID to replace the various paper civil registration/identity documents.
The Norwegian NRC promotes and protects NRC’s ICLA programme is providing Refugee Council the rights of all people who two civil documentation – related (NRC) have been forced to flee their services in Afghanistan: countries, or their homes within Counselling on civil documentation: their countries, regardless of face to face discussion, counselling their race, religion, nationality or providing information specifically to political convictions. the procedures of civil documentation It provides humanitarian to the beneficiaries. assistance in emergency Legal assistance on civil situations, and strengthens documentation: more practical the capacity of the UN work through which information organizations to offer and and counselling is provided to the coordinate international aid and beneficiaries. NRC also accompanies protection. NRC’s ultimate goal the beneficiaries to the relevant is to provide viable, durable government entities – or provides solutions with regard to both them with relevant government its spokesman activities and its documents such as petition. emergency relief efforts. This requires accompanying the beneficiaries to relevant offices.
NRC REPORT 61 NRC > AFGHANISTAN REPORT
UNHCR Leads and co-ordinates In 2010, UNHCR provided five international action to protect encashment centres offering various refugees and resolve refugee services to returnees, including problems worldwide. Its distribution of cash grants, basic primary purpose is to safeguard health care, and legal advice and the rights and well being of counselling. UNHCR helped the local refugees. It strives to ensure authorities to monitor the border durable solutions, making sure to guarantee safe and unhindered that everyone can exercise the passage for returnees and manage right to seek asylum and find the encashment centres. safe refuge in another state, with the option to return home voluntarily, integrate locally or to resettle in a third country. UNHCR’s mandate has gradually been expanded to include protecting and providing humanitarian assistance to whom it describes as other persons “of concern.”
AFGHAN NON-GOVERNMENTAL ORGANIZATIONS
Medica Afghanistan Works to eliminate violence Medica’s Legal Aid Program (LAP) against women and improve responds to Afghan women’s the quality of women’s lives by need for justice by providing providing legal aid, psychosocial legal services for women facing counselling, and public criminal prosecution or trying to advocacy, while also raising engage in civil proceedings. These awareness and building capacity services include criminal defence, in the fields of health, education, representation in civil proceedings, and law. mediation, raising legal awareness, providing legal advice, and facilitating safe family reintegration. Medica has organised public awareness campaigns about the importance of civil documentation especially the marriage certificate, and trainings among key actors such as lawyers and police on this front.
62 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
Da Qanoon Ensures support and Has a system of free mobile legal Ghushtonky implementation of the Afghan clinics offering legal assistance. Constitution and the other laws Conducts awareness campaigns of the country. Also seeks to and empowerment activities for the improve the judicial system, members of the Judiciary System provide free legal representation through out the publications of and free legal advice, and finally, Posters, booklets, pamphlets, increase public awareness of workshops, trainings and laws and that of members of the Conferences. judiciary system by publishing Posters, booklets, pamphlets, workshops, trainings and Conferences. Also, works to increase the number and knowledge of Defence Lawyers through trainings and supporting Defence Lawyers. Implements the Human Rights Declaration, International conventions during the work of Defence Lawyers as well as in Judiciary System of Country. Providing comments and suggestions for the revision of Laws to relevant agencies.
Women for Afghan Women for Afghan Women Has conducted awareness Women (WAW) is dedicated to securing campaigns about the importance of and protecting the rights of civil documentation especially the disenfranchised Afghan women marriage certificate and girls in Afghanistan and New York, particularly their rights to develop their individual potential, to self-determination, and to be represented in all areas of life: political, social, cultural and economic. We advocate for women’s rights and challenge the norms that underpin gender-based violence wherever opportunities arise to influence attitudes and bring about change.
NRC REPORT 63 NRC > AFGHANISTAN REPORT
III. Legal provisions
The tables below provides the full text of the provisions relevant to civil documentation in the laws mentioned in Section 3.1.
INTERNATIONAL CONVENTIONS AND POLICIES LEGISLATION PROVISIONS
Universal Declaration of Article 6: Everyone has the right to recognition everywhere as a Human Rights, 1948 person before the law
International Covenant on Article 2(1): Each State Party to the present Covenant undertakes Civil and Political Rights, to respect and to ensure to all individuals within its territory and 1966 subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status; Article 4(2): No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision; Article 24: (2) Every child shall be registered immediately after birth and shall have a name; (3). Every child has the right to acquire a nationality; Article 16: Everyone has the right to recognition everywhere as a person before the law
Convention on Rights of Article 8: (1) States Parties undertake to respect the right of Child, 1989 the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference; (2) Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity
Convention on the Article 16 (2): The betrothal and the marriage of a child shall have Elimination of All Forms of no legal effect, and all necessary action, including legislation, shall Violence Against Women, be taken to specify a minimum age for marriage and to make the 1979 registration of marriages in an official registry compulsory.
64 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
Guiding Principles on Principle 20: (1). Every human being has the right to recognition Internal Displacement everywhere as a person before the law; (2). To give effect to this 2001 right for internally displaced persons, the authorities concerned shall issue to them all documents necessary for the enjoyment and exercise of their legal rights, such as passports, personal identification documents, birth certificates and marriage certificates. In particular, the authorities shall facilitate the issuance of new documents or the replacement of documents lost in the course of displacement, without imposing unreasonable conditions, such as requiring the return to one’s area of habitual residence in order to obtain these or other required documents; (3). Women and men shall have equal rights to obtain such necessary documents and shall have the right to have such documentation issued in their own names.
AFGHAN LAW LEGISLATION PROVISIONS
Agreement Article 15: The Interim Authority of Afghanistan shall accord recognition between the to the legal status of Afghan refugees and displaced persons repatriating Government from Iran, including births, deaths, marriage and divorce. The Interim of the Islamic Authority of Afghanistan shall also seek to accord recognition, as Republic of Iran, appropriate, to the equivalency of academic and vocational skills, the Government of diplomas and certificates obtained by the refugees and displaced Islamic Republic persons and issued by valid Iranian institutions; Article 20: (1). UNHCR of Afghanistan will ensure the voluntary nature of the repatriation of refugees and and the United displaced persons. In this respect, this Organization, in consultation with Nations High the other members of the Tripartite Commission, shall devise the most Commissioner appropriate means for the interviewing. Subsequently, the Government of for Refugees the Islamic Republic of Iran will issue exit permits for the applicants; (2). Governing the The Afghan authorities shall recognize duly completed UNHCR Voluntary Repatriation of Repatriation Forms (VRFs), as valid identity documents and travel Afghan Citizens documents for the purpose of return to final destinations in Afghanistan. Living in Iran 2002 and 2006
NRC REPORT 65 NRC > AFGHANISTAN REPORT
Agreement Article 10: The Islamic Republic of Afghanistan accepts to recognize the between the legal status, including changes thereto, of Afghan citizens repatriating Government of the from Pakistan, including births, deaths, adoptions, marriage and divorce. Islamic Republic The Islamic Republic of Afghanistan shall also seek to accord recognition, of Pakistan, the as appropriate and in accordance with the law, to the equivalency of Government of academic and vocational skills, diplomas and certificates obtained by Islamic Republic Afghan citizens while in Pakistan; Article 15: (1). In accordance with of Afghanistan its mandate, and in consultation with the other parties, UNHCR shall and the United undertake verification of the voluntary character of the decision to Nations High return of Afghan citizens in Pakistan who are PoR holders; (2). Afghan Commissioner citizens repatriating to Afghanistan under the UNHCR programme will for Refugees present their Proof of Registration (PoR) cards for deregistration by the Governing the National Database and Registration Authority (NADRA) in Pakistan. A Repatriation of VRF will be issued on deregistration to the PoR holder. Duly completed Afghan Citizens VRFs will be recognized as a valid identity and travel document to and Living in Pakistan inside Afghanistan. Iris recognition processing will be mandatory for all 2013 returning Afghans wishing to obtain travel and reintegration assistance at designated Encashment Centres inside Afghanistan.
66 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
Afghan Civil Code Article 46: The civil status of person attaining the age of eighteen shall 1977 be recorded in the special registration books in accordance with the provisions of Articles 47, 48, 49 and 50 of this law; Article 47: (1) A person’s civil status shall be entered in an identity document including the name, family name, the birth date and the birth place, occupation, nationality, place of domicile, the name of the spouse and names of the children together with their dates and places of birth. This document shall be provided to the said person on demand. (2) Any changes which take place in the above status such as death, change in the place of residence or occupation, shall be marked in the identity document; Article 48: Documents pertaining to marriage, divorce and the proof of parentage and succession, which may be prepared by the respective offices, shall be registered in the books provided under Article 46 of this law. The said offices are bound to inform in writing the departments concerned of any changes in the civil status so that they may be registered thereof; Article 49: The attorney can get information about the registration of person’s identification as provided under Article 46 of this law; in case he witnesses any violation of provisions of law or any fraud he may take legal measures; Article 50: All information provided under Articles 46, 47, 48, 49, of this law registered in the special books or identity cards shall be recognized as legal evidence against any claimant. Objection to such documents is not permissible unless the objection is based on fraud or forgery of such documents; Article 61: “(1) Marriage contract shall be registered in the official marriage deed by the respective office and shall be prepared in three copies. The original shall be kept with the respective office and the two copies shall be supplied to the concluding parties. After having been registered, the marriage deed shall be brought to the notice of the identification Registration office as provide under Article 46 of this law.” (Republic of Afghanistan (5 January 1977) Civil Law of the Republic of Afghanistan (Civil Code))
NRC REPORT 67 NRC > AFGHANISTAN REPORT
Registration Article 10: Afghan male citizens are under a duty to record their identity of Population in office of registration of population records in their permanent place Records Act 2000 of residence in order get tazkera; Article 11: Tazkera is issued based on verification of person’s identity; Article 13: An individual whose identity for reasons cannot be verified in the area of his residence can acquire a tazkera after attestation by two Afghan citizens or a government office (authority); Article 14: The central department of registration of population records will issue to male citizens IEA original or duplicate copy of tazkera when required; Article 23(1): In case the facial features of a person resemble the photograph in database of registration of population records, a duplicate national identity card shall be issued in the following circumstances: 1- In the event that national identity card is broken or becomes illegible, without an announcement in the mass media. 2- In the event of burning of national identity card provided that two persons holding identity card of that area confirm the identity of the person 3- In the event of loss of national identity card based on the receipt of an announcement in a mass media. 4. When the facial appearance of the person does not resemble the photo in the database, after confirmation of person’s identity by two persons or a government (office) authority; Article 24: In areas where there is no mass media, a duplicate of the national identity card shall be issued based on the confirmation of two persons holding national identity card of the same area.
Citizenship Act Article 5: Living abroad of a citizen of the Islamic Emarate of Afghanistan 2000 (IEA) does not result in deprivation of citizenship; Article 6(1): Afghan citizens abroad are under the protection of IEA; Article 9(2): Anyone born to Afghan parents whether within or outside the territory of Afghanistan is considered Afghan citizen; Article 12: A child found inside the territory of IEA whose parents do not possess documents proving their identity, is considered citizen of IEA.
Passport Act Article 8: Passport is issued based on the original identity document. 2000
Afghan Article 4: No individual of the nation of Afghanistan shall be deprived of Constitution 2004 citizenship.
68 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
National IDP Section 2.2: (f) Acknowledges the particular vulnerabilities of IDPs Policy caused by the very nature of displacement, including loss of homes, loss of livelihoods, separation of families or loss of social and traditional networks, and loss of personal documents, and addresses the particular needs of the most disadvantaged among the displaced. This includes the emergency protection needs for children, adolescents, youth, elderly, widows, pregnant women, persons with a disability or chronic illness, and with appropriate consideration of different protection needs according to gender within any IDP group; Section 6.3.1: General Information: This policy recognizes that (a) The personal documents of people who flee their homes and areas of habitual residence are frequently lost or destroyed, and IDPs are often unable to obtain or replace such documents while they are in displacement. This includes national identity (ID) cards (Tazkera), birth certificates, passports, and marriage certificates. Other important documentation which may be lost includes title deeds to land and houses, lease agreements, election cards, school records or diplomas, records of entitlement to pension or disability cards. (b) The Tazkera is a vital document for all Afghans as it is necessary for identification at police check-posts, property acquisition, sometimes for enrolling children in schools, getting a government job, obtaining a passport, registering marriages, accessing courts, and sometimes for receiving humanitarian assistance; and that the lack of a Tazkera can lead to discrimination, marginalization and even the denial of citizenship and statelessness. (c) The Department of Population Registration (DPR) within the Ministry of Interior (MoI), which is responsible for issuing the Tazkera, in accordance with existing Civil Registration Laws, is currently introducing, in cooperation with the Ministry of Communication and Information Technology, new E-Tazkera (Electronic National Identification Document) containing biometric information, to replace the six different paper Tazkeras currently in use. (d) The failure to issue IDPs with lost or destroyed documents shall not in any way impair the exercise or enjoyment of their human rights.
NRC REPORT 69 NRC > AFGHANISTAN REPORT
6.3.2 Regarding the Tazkera: In accordance with this policy: (a) The MoI will prioritize IDPs who do not have Tazkeras for receiving the E-Tazkera and will authorize all central and provincial departments of the DPR to prioritize IDPs for issuance of the E-Tazkera. (b) The MoI will ensure that information on how to obtain an E-Tazkera is widely disseminated in IDP communities, along with explanations about its importance, in all languages spoken by IDPs. (c) The MoI will ensure that such information targets IDP women, as only a small percentage of Afghan IDP women have a Tazkera. (d) The Ministry of Women’s Affairs (MoWA) will undertake awareness-raising activities about the importance of the Tazkera for women and children and on the procedure for obtaining the document. (e) Where for cultural reasons some women do not wish the Tazkera to display their photograph, they will be given the option of using another form of identification such as fingerprints; or if they agree to have their Tazkera issued with a photo, their right to show the photo only to another woman will be respected. (f) MoI will cooperate with MOWA, MoLSAMD and MoBTA to see that assistance is given to separated, unaccompanied or orphaned IDP children to obtain Tazkera, and to members of certain groups, notably the Kuchi, Jogi and Chori Frosh, who generally do not have Tazkera and who face special difficulties in acquiring them. (g) MoI will modernize the record-keeping of its DPR and centralize in Kabul data that is currently only held in provincial capitals, so that it is not necessary for IDPs to travel to their home provinces to verify their identity, as this is expensive and can be both difficult and dangerous. It will also ensure that the new system allows for the issuance of Tazkera in any provincial capital. (h) MoI will also consider alternative forms of proof (e.g., sworn testimony from an elder, a religious leader, a medical doctor) regarding the applicant’s identity. (i) If there is a fee charged for the Tazkera, it should be very minimal and waived in the case of vulnerable IDPs.
70 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
6.3.3 Regarding Other Lost Documentation. With regard to the loss of other documents, including those noted in paragraph 6.3.1 (a) of this section, MoRR together with the Ministry of Justice will: (a) Review laws, rules and regulations to analyse what obstacles exist to their replacement; (b) Recommend necessary measures, including amending legislation and regulations, to ensure that IDPs are issued with documents necessary for the enjoyment and exercise of their rights (c) Recommend that relevant national, provincial and district offices be instructed by the Ministry charged with this matter to facilitate the issuance of new documents or the replacement of documents lost or destroyed in the course of displacement, without imposing unreasonable conditions, such as requiring return to one’s place of habitual residence in order to obtain these or other required documents, and without excessive cost. 7.1 Human Rights and Entitlements in Displacement: This policy reaffirms that, although they are in displacement, IDPs do not lose the rights or entitlements enjoyed by all Afghans. It recognizes that IDPs may, however, find it more difficult to exercise those rights and to benefit from those entitlements because of their displacement
NRC REPORT 71 NRC > AFGHANISTAN REPORT
Law on Managing Article 5 - Title deeds include: Land Affairs 2008 A deed issued by a court in respect of purchase, ownership, gift, inheritance, division, land exchange, letter of quittance, letter of correction as well as document of the final decision issued on the basis of former property deeds and containing the following conditions: - To have been registered with a judicial court. - The superseding deed shall not exist. - The land under legal deed, if subject to taxation, shall be recorded in the tax book. State decree, government decree and a deed in respect of purchasing land from state‘s landed properties with the following conditions: - To have been issued by a competent organization. - The superseding deed shall not exist. - To have been recorded in the tax book if the land is subject to tax payment. The tax payment document having the following conditions: - The superseding deed shall not exist. - To have been registered in the principal books of properties (Amlak) and shall have tax payment ticket of before 15th of Asad (1354) The water rights document having the Following conditions: - Its superseding document shall not exist. - To have been registered in the principal books of properties (Amlak) and tax.
72 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
A customary deed shall be legally valid under the following conditions: - The land seller should have a valid deed. - Where the customary deed has been prepared before the 15th of Asad, (1354), and the buyer having filled the declaration form before the year 1357 and submitted it to the relevant office after being confirmed by the farmers whose lands having joint borders at the same fragment. In locations where declaration forms were either not distributed or distributed before the year (1357) but the registration book has become extinct, and where no claim to the land existed and the land purchase and the possession thereof by the buyer has been confirmed by the landowners holding lands having joint border with the above fragment, as well as by the inhabitants of the locality where the land is situated. A formal title deed having the following conditions: - The legal title deed shall exist. - To have been issued after legal settlement. - To have been registered in the principal books of properties (Amlak) and tax. - No claim to the land shall exist. Landownership document (the title deed) having the following conditions: - To have been prepared and issued by the relevant court after legal settlement of the land. - To have been registered in the principal books of properties (Amlak) and tax.
NRC REPORT 73 NRC > AFGHANISTAN REPORT
Registration Article 9: (1) National identity cards shall be distributed, as follows, to of Population citizens of the country for recognition of their identity and registration of Records Act 2014 population records: 1- Up to completion of six years of age without the photograph and biometric information of polycarbonate card. 2- From seven up to seventeen years of age with the photograph and without biometric information of polycarbonate card. 3- Starting from eighteen years of age with photograph and biometric information of polycarbonate card; (2) Afghans citizens, inside and outside Afghanistan, shall be obligated to record their identity with offices of registration of population records and acquire national identity cards pursuant to the provisions of this law; (3) Foreign citizen and stateless person who obtain nationality of Afghanistan based on the provisions of the law shall be obligated to obtain national identity card from the offices of the registration of population records; (4) Guardian or lawful relative of a child shall be bound to, from the date of birth up to maximum three months, based on the birth certificate of a health facility or at home, obtain national identity card for the child; (5) Guardian or lawful relative of a child, set forth in paragraph 4 of this article, shall be obligated to approach relevant offices of registration of population records, to renew national identity card of the child, upon completion of six years of age of the child, and paste a photograph of the child to the national identity card; (6) Distribution of national identity card shall take place based on the form contained in annex 2 of this law. Article 19: (1) If a person with no known identity approaches office of registration of population records to obtain national identity card, after confirmation and guarantee by two national identity card holders and approval of the person being an Afghan national by the national security department of the area, and filling out of a registration form, he/she shall be issued national identity card; (2) If a person with no known identity cannot meet the requirements for obtaining national identity card set forth in paragraph one of this article, the issue shall be referred to the commission comprised of competent representatives from Supreme Court, Ministry of Foreign Affairs, Ministry of Refugees and Repatriation, Attorney General’s Office, National Directorate of Security and Office of Registration and Population Records and Evaluation of Foreigners Identity Affairs who shall decide a manner that does not contradict with enacted legislatives documents of the country.
74 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
Article 20: (1) Heirs, executer of will or lawful relative of a dead person shall be obligated to within a period of thirty days report the death, describing date and place of death of the person to the office of registration of population records; (2) If a person dies in a public place, the relevant security authority of the area shall be obligated to within a period of one week after receiving the information report the death to the nearest office of registration of population records; (3) Political and consular missions of Afghanistan out of the country shall be obligated to register death of Afghan citizens that occurs out of Afghanistan and report it within 30 days to Office of Registration of Population Records and Foreigners Identity Affairs. Article 22: Ministry of Public Heath shall take appropriate measures in order to carry out regular registration of births and deaths that take place in government or private health facilities and shall require officials of these facilities to report such cases to the relevant offices of registration of population records. Article 23: Governors, district governors and mayors shall be obligated to attract the support and cooperation of village elders, neighbourhood representatives, imams and health care officials of their related areas with regards to obtaining national identity card and registration of births, deaths, marriages and dissolution of marriages. Article 25: If a person changes his/her place of residence temporarily exceeding more than six months, he/she shall be obligated to report the matter in written to office of registration of population records.
Electoral Law Article 5: (4) Eligible voters shall have equal right of vote which they use 2014 directly in elections. Imposing any kind of direct or indirect restrictions on voters and candidates on the basis of language, religion, ethnicity, sex, clan, region, residency and social or occupational status and or disability shall be prohibited; (5) Kuchis, refugees, staff of diplomatic missions based abroad, military personnel and eligible prisoners shall have the right to participate, if possible, in elections in separate polling centres established by the Commission.
NRC REPORT 75 NRC > AFGHANISTAN REPORT
Passport Act Article 12: Ordinary passport for traveling is issued for five or ten 2015 years upon request by applicant; Article 13 (1) Political passport, special passport and service passports are issued by the ministry of foreign affairs. (2) Ordinary passport inside the country is issued by Passport Department of Ministry of Interior and in the provinces the line departments of Passport Department process the applications which is issued by Passport Department according to provisions of this law and then distributed by the provincial line departments in the provinces. (3) Outside the country ordinary passport is issued when needed in accordance with special regulations by passport issuance department of diplomatic missions or consular section of ministry of foreign affairs; Article 14: Passport under Article 12 of this law is issued based on the national Tazekra of the applicant in accordance with the regulations that will be drafted and adopted by ministry of foreign affairs and ministry of interior; Article 19: Required documents for issuing passport are: (1) Tazkera (2) Application or official letter of relevant department. (3) Four standard photos. (4) Filling out the passport form. (5) Receipt of payment of passport fee; Article 21: Fees for ordinary passport and travel document inside and outside the country will be decided based on joint proposal of ministry of foreign affairs and ministry of interior and approval of the president.
MoRR Strategic Strategy 4: MoRR in the light of laws, national strategic plans, Plan 2015-2019 international refugee conventions and protocols establishes a comprehensive system and programmes to increase legal and social services provision. Objectives: (1) Providing access to social services (2) Increasing and strengthening legal protections.
76 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
Endnote 21 The phrase ‘an individual with unknown identity’ is 1 OCHA, Afghanistan: Conflict Induced Displace- not further defined in the legislation. It may there- ments – Snapshot (1 January – 31 March 2016). fore be interpreted to include IDPs or returnees 2 IDMC/NRC (2015), Afghanistan: New and Long who have never been registered and do not Term IDPs Risk Becoming Marginalised as Con- possess any documents to prove their identity. flict Intensifies, p. 1 22 Registration of Population Act (2014), Article 3 IDMC/NRC (2015), New and Long Term IDPs, 9(1) p. 7 23 Registration of Population Act (2014), Article 4 UNHCR, Solutions Strategy for Afghan Refugees 2(19) (SSAR) 24 Passport application process, at http://moi.gov. 5 Undocumented should here be understood to af/fa/blog/how-to-get-a-new-passport mean those lacking documentation of status for 25 Website of the Afghan Embassy in Washington, their stay abroad (i.e. unregistered refugees / DC. http://www.embassyofafghanistan.org/page/ migrants) rather than those lacking Afghan civil passport documentation 26 United Nations, Department of Economic and 6 IOM (5 September 2015), Return of Undocu- Social Affairs, Principles and Recommendations mented Afghans from Pakistan – Update as of 5 for a Vital Statistics System, Revision 3 (2014). September 2015, p. 1 27 NRC’s ICLA Guide to Legal Identity: Civil Regis- 7 Including Nangarhar, Kandahar and the United tration, Documentation and Identification (2015), States p. 23. (Internal NRC document) 8 Guiding Principles on Internal Displacement (UN) 28 Afghan Civil Code (1977), Article 61 9 UNHCR (2006), Master Glossary of Terms, 29 IDMC / NRC (2015), New and Long Term IDPs, Rev.1, p. 11 p.3 10 See Annex III. for text of all the relevant legal 30 Key informant interview, People in Need (PIN), provisions. Kabul, Afghanistan, 19 August 2015 11 Catherine James, ‘The Kunduz legacy’, http:// 31 Key informant interview, TLO, Kabul, Afghanistan, www.abc.net.au/news/2015-10-14/13000- 13 August 2015 families-flee-afghanistans-battle-torn-re- 32 Key informant interview, UNHCR, Mazar-e-Sharif, gion/6854766 13 September 2015 12 See M. Nowak, U.N. Covenant on Civil and 33 NRC (2014), Strengthening Displaced Women’s Political Rights: CCPR Commentary, 2nd revised Housing, Land and Property Rights in Afghani- edition, N.P. Engel Publisher, 2005, p. 369. stan 13 ICCPR, Article 4(2). 34 Law of the Organisation and Authority of the 14 OHCHR, Working Group on Enforced or Involun- Courts of the Islamic Republic of Afghanistan tary Disappearances, General Comment on the (2013), Article 74(1) right to recognition as a person before the law in 35 Community Leader interview, Balkh Province the context of enforced disappearances. 36 Law on Managing Land Affairs (2008), Article 15 The full provisions of each law with regards to 5(5) civil documentation as they relate to displaced 37 Ministry of Refugees and Repatriation, Gov- persons can be found in Section 0 ernment of the Islamic Republic of Afghanistan 16 The Liaison Office (TLO) (2013), An Exploratory (2013), National Policy on Internally Displaced Study of Afghan Tazkera Ownership, p. vii Persons, p. 36. NB: while the official English 17 TLO (2013), An Exploratory Study, p. 6 translation of the National IDP policy references 18 Schmeding, Annika (2015), Opportunities at the marriage licenses at the end, the dari term used Margin, commissioned by PIN p. 24 actually references marriage certificates. 19 Registration of Population Act (2014), Article 14 38 Samuel Hall (2012), Challenges of IDP Protec- 20 Key informant interview, Registration of Popula- tion, p. 40 tion Records, Zindajan District, Herat, 14 Sep- 39 The difference in reported rates of marriage tember 2015, and key informant interview with certificate possession between men and women former NRC ICLA programme manager, Kabul, may reflect a more limited understanding by Afghanistan, 29 July 2015 women of the type of marriage certificate under which they have been married – which in and of itself is concerning, as this could impede their ability to claim their inheritance or mahr.
NRC REPORT 77 NRC > AFGHANISTAN REPORT
40 The questionnaire included the 12 categories 6(c) (stating that Kuchis’ summer and winter of “extremely vulnerable individuals” noted by locations are listed) UNHCR: Unaccompanied elderly, unaccompa- 60 TLO (2013), An Exploratory Study, p. 20 nied minor, single woman, physically disabled, 61 Key informant interview, former NRC Senior Legal mentally disabled, elderly-headed household, Counsellor, Jalalabad, Afghanistan 18 September child-headed household, chronically ill, gen- 2015 der-based violence survivor, large family, single 62 UNHCR Population Profiling and Verification of head of household, and drug addict Afghan Refugees (PPVR), 2012. 41 Key informant interview, RLS-I, Kabul, Afghani- 63 Samuel Hall (2014), Recommendations work- stan, 17 September 2015 shop: Urban Displaced Youth in Kabul City – a 42 Key informant Interview, UNOCHA, Kabul, Af- Left out Category and a Lost Generation? p. 5 ghanistan, 13 September 2015 64 TLO (2013), An Exploratory Study, p. 22 and 43 The most salient finding from the Samuel Hall/ Samuel Hall (2014), Displacement Dynamics: NRC 2012 study on Challenges of IDP Protec- IDP Movement Tracking, Needs and Vulnerability tion is the fact that, despite popular perception Analysis, Herat and Helmand, commissioned by that IDPs face particular challenges in accessing IOM, p. 36 tazkera, and are much less likely to have them, 65 NB The research focused on rural areas relatively a majority of IDPs, especially IDP men, do have close to cities. This trend would be expected to tazkera (64.4 percent of those interviewed, and be stronger in more isolated rural areas. 83.4 percent, respectively). Samuel Hall (2012), 66 Samuel Hall (2014), Displacement Dynamics: Challenges of IDP Protection, p. 41 IDP Movement Tracking, Needs and Vulnerability 44 Samuel Hall (2012), Challenges of IDP Protec- Analysis, Herat and Helmand, commissioned by tion, p. 42 IOM, p. 36 45 Key informant interview, Bremen Overseas Re- 67 Key informant interview, RLS-I, Kabul, Afghani- search and Development Association (BORDA), stan, 17 September 2015 Kabul, Afghanistan 8 September 2015 68 Key informant interview, Women for Afghan 46 Key informant interview, TLO, Kabul, Afghanistan, Women, Kabul, Afghanistan, 29 September 13 August 2015 2015 47 Key informant interview, Deutsche Gesellschaft 69 Key informant interview, BORDA, Kabul, Afghani- für Internationale Zusammenarbeit (GIZ), Ma- stan 8 September 2015 zar-e-Sharif, Afghanistan, 13 August 2015 70 Draft PMT Assessment Form and First phase of 48 Host community members can include people displacement checklist, protection cluster who were originally displaced, but have been in 71 While death certificates are issued, they are in the community of concern long enough – here, practice not required for inheritance purposes. more than twenty years – to be considered part 72 Key informant interview, UNHCR, Mazar-e-Sharif, of it. 13 September 2015 49 Key informant Interview, the World Bank, Kabul, 73 http://womenshlp.nrc.no/countries/afghanistan/ Afghanistan, 10 September 2015 74 Key informant interview, US Embassy, Kabul, 50 IDPs are “more than 33 percent below the aver- Afghanistan, 24 September 2015 age poverty line”. SH / NRC Challenges of IDP 75 Key informant interview, TLO, Kabul, Afghanistan, Protection, p. 25 13 August 2015 51 UNOCHA (October 2015), Afghanistan North- 76 Key informant interview, TLO, Kabul, Afghanistan, east Situation Report No. 4 (as of 5 October 13 August 2015 2015), p. 1 77 Key informant Interview, UNOCHA, Kabul, Af- 52 Key informant interview, Women for Afghan ghanistan, 13 September 2015 Women, Kabul, Afghanistan, 29 September 78 Key informant interview, UNHCR, Mazar-e-Sharif, 2015 13 September 2015 53 TLO (2013), An Exploratory Study, p. 13 79 Sayed Omar Saboor, as quoted in Najafizada, E., 54 Key informant interview, UNHCR, Mazar-e-Sharif, (24 September 2015), “Afghanistan can’t print 13 September 2015 passports fast enough as exodus worsens”, The 55 Key informant interview, UNHCR, Mazar-e-Sharif, Star Phoenix, 13 September 2015 80 Bokhdi news agency, 1 March 2014, accessed 56 Samuel Hall (2012), Jogi and Chori Frosh 10 October 2015, http://bokhdinews.af/english/ Communities; A story of Marginalisation, commis- special-report/9890-Passports-distribution-in- sioned by UNICEF, p. 34 creases-to-applicants-traveling-abroad 57 Key informant interview, PIN-affiliated researcher, 81 Danielle Moylan, ‘Desperate Afghans flock to Boston, United States, 25 August 2015 Kabul passport office for ticket out of war-torn 58 Key informant interview, PIN-affiliated researcher, nation,’ ABC Australia, 18 August 2015, ac- Boston, United States, 25 August 2015 cessed 12 October 2015, http://www.abc.net. 59 Law on Population Registration (2014) See Art. au/news/2015-08-18/passport-demand-surg-
78 NRC REPORT ACCESS TO TAZKERA AND OTHER CIVIL DOCUMENTATION < NRC
es-in-afghanistan/6703038 other groups, in great part due to their non-rec- 82 Key informant interview, UNHCR, Mazar-e-Sharif, ognition by the authorities as Afghan. 13 September 2015 83 NRC (2014), Strengthening Displaced Women’s HLP Rights in Afghanistan, p. 34 84 Key informant Interview, UNOCHA, Kabul, Af- ghanistan, 13 September 2015 85 UN General Assembly (2010), Addendum: Framework on Durable Solutions for Internally Displaced Persons, p. 1 86 Brookings institute, Durable Solutions to Internal Displacement, http://www.brookings.edu/about/ projects/idp/durable-solutions-to-displacement 87 Several interviews noted that the difficulties caused by lacking civil documentation were somewhat mitigated in cases where people lived at their place of origin and could be recognised by others as part of the community – and there- fore supposed to access rights. 88 Brookings institute, Durable Solutions to Internal Displacement, http://www.brookings.edu/about/ projects/idp/durable-solutions-to-displacement 89 Samuel Hall/DACAAR (2015), Agency and choice among the displaced: Refugees and IDP’s choice of destination in Afghanistan, p. 47 90 Brookings institute, Durable Solutions to Internal Displacement, http://www.brookings.edu/about/ projects/idp/durable-solutions-to-displacement 91 NB: excludes government departments issuing documentation 92 http://moi.gov.af/en/page/dms/administration 93 As cited in Sada-e-Azadi, 9 March 2014, accessed 10 October 2015, http://net.sa- da-e-azadi.net/index.php/en/afghanistan/ capital/10285-countrywide-electronic-pass- ports-soon 94 Key informant interview, Danish Committee for Aid to Afghan Refugees (DACAAR), Kabul, Afghanistan, 12 October 2015 95 Key informant interview, International Organiza- tion for Migration (IOM), Kabul, Afghanistan, 20 August 2015 96 Information gathered in key informant interviews with the EU and IOM, Kabul, Afghanistan, 23 September 2015 and 20 August 2015, respec- tively 97 http://ec.europa.eu/europeaid/documents/ aap/2013/af_aap_2013_afg.pdf p. 2 98 Key informant interviews with the EU and IOM, Kabul, Afghanistan, 23 September 2015 and 20 August 2015, respectively 99 Presentation by the MRRD, “Citizens Charter”, 30 September 2015 100 UNHCR (2006), Master Glossary of Terms, Rev.1, p. 11 101 Previous research suggests that Jogi have much lower rates of documentation possession than
NRC REPORT 79